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ILLINOIS STATE LIBRARY
SPRINGFIELD
1348 ILLI 1839-40
Illinois. Laws, statutes, etc.
Laws of the State of Illinois passed
by the 11th General Assembly
0Q39604
DATE DUE
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Demco, Inc. 38-2
93
LAWS
^m
THE STATE OF ILLINOIS,
PASSED By
THE ELEVENTH GENERAL ASSEMBLY,
Their Special Session, began and held at Springfield, on the ninth of December, one
thousand eight hundred and thirty-nine.
PUBLISHED IN PURSUANCE OF LAW.
ILLINOIS STATE LIBRARY
3 1129 00702 485 4
SPRINGFIELD :
William Walters, Public Printer.
"1840.*
LAWS
AN ACT to amend "An act concernins; the FubKc Revenue, approved In force, Feb.
26th Feb. 1839." 1,1840.
Sec. 1. Be it enacted by the People of the State o/ ///z- Assessors to
nois, represented in the General Assembly, That hereafter as- "^^J'^'^g ^^["'"""^
sessors shall have till the first Monday of June annually to Monday in
make their returns to the Clerks of the county commission- June,
ers' courts of their respective counties; and vmv person feel-
ing aggrieved by reason of the assessment of his or her proper- Pe].sons ag-
ty, shall be allowed until the September term of the county ^^rieved may
commissioners' court of the proper county, in each year, to^Pi'*^^'-
appeal to said court for the purposes set forth in the twelfth
section of the act concerning the public revenue.
Sec. 2. The clerks of the county commissioners' courts of Clerksto
the several counties, shall, immediately after the September t''^"^™^'
term of their courts, annually, and by the first day of October, Auditor,
transmit by mail to the auditor of public accounts, a state-
ment, as required by the thirteenth section of the act concern-
ing the public revenue, and hereafter shall deliver to the col-r^Q deliver to
lectors of their respective counties, the list of taxable proper- collector, list
ty returned to them bv the assessors, on or before the second °^'^^'^^'^^'^
Monday of September, annually. property.
Sec. 3. Hereafter, collectors shall annually, and within Collectors to
ten days after the times of holding the first terms of the cir- pay over into
cuit courts of their respective counties, account to the audi-^''*'']^ '^^'^''^^""
tor of public accounts for, and pay into the State treasury, all collect™L"^^^
moneys collected by them for the use of the State, deducting
therefrom their commissions for collecting the same: Provid-
ed, That if the times of holding the term of any of the circuit
courts should be previous to the first Monday in March, then,
and in that case, the collectors of such counties shall in like
manner account for, and pay into the State treasury, all such
moneys, within ten days after the said first Monday in March.
LAWS OF ILLINOIS.
Collectors to Sec. 4. The collectors of the several counties heietofore
teYsioTol''^" appointed, or hereafter to be appointed or elected, shaM have
time. an extension of time for making a final and annual settlement
with the county commissioners' courts of their respective
counties, until the first Monday of June. They shall also
make returns to the several circuit courts as required by the
twenty-fifth section of the act to which this is an amendment,
at least five days previous to the first day of the term of their
circuit courts respectively: they shall also be authorized to
Delinquent publish the delinquent list of lands and tov^n lots in any new^s-
lishedin any'P^P*^^' i" ^'^^^ State, which, in the opinion of the collectors,
newspaper has the most extensive circulation in their respective coun-
having the _ ^ies; and in case any collector shall fail to make report of the
most ext'nsive r-i- j. ^ i i ^jir , /-.i
circulation, persons tailmg to pay taxes on lands, at the first term of the
circuit court, then he shall make such report to the next suc-
ceeding term of the court, and the said circuit court shall
proceed as though application had been made to the first
term of the circuit court, to give judgment as is now provid-
ed for by law. If any collector shall fail to comply with any
Penalty on of the provisions of this act, or the act to which this is an
collectors for j^j^g^jjj^g,^^ jj^ relation to advertising delinquent lands, he
'luty. shall be liable to a penalty of one hundred dollars, to be col-
lected by an action of debt before any justice of the peace,
or in the circuit court of his county, in the name of the coun-
ty commissioners of the county.
Assessors to ^^c. 5. Assessors shall also be required to value and as-
value proper- sess any lands or town lots not included in the list of lands
^y- and town lots furnished them by the clerks of the county com-
missioners' courts, which they may ascertain to be liable to
, taxation.
Sec. 6. The thiity-second section of the act to which this
is an amendment, is hereby repealed.
Persons Sec. 7. So much of the act, to wdiich this is an amend-
names need j^Qj^t as requires the names of all persons listing taxable pro-
not be m al- ' ^ . '^ • ■ i , ■ ■ , ^i
phabetic?.! or- perty to be arranged and written in alphabetical order, be,
der. and the same is hereby repealed; and assessors are hereby
allowed to arrange and take the names of persons listing pro-
perty in any manner most convenient to said assessor; except
in listing lands, the lands shall be arranged by townships,
ranges and sections, in numerical order.
Fees to Sec 8. The following fees and compensation shall be al-
lowed to the several officers and persons herein named, for
services rendered under this, and the act to which this is an
amendment. To sheriffs, for each tract of land or town lot
sold for taxes, ten cents, to be collected as costs, and in the
same manner as the principal sum: for each sheriff's deed,
twenty-five cents, to be paid by the person receiving such
deed. So much of the sixty-second section of the act to
which this is an amendment, as allows collectors ten cents
for each tract of land or town lot sold for taxes, be, and the
same is hereby repealed. To clerks of the circuit court, for
ofEcers.
LAWS OF ILLINOIS. 5
receiving and recording the collector's return, six cents for
each tract of land or town lot contained in said report, which
shall be taxed as costs, and collected in the same manner as
the principal sum; and no clerk, sheriff, collector or other of-
ficer, shall be allowed to charge any other fees for services
rendered under this act and the act to which this is an amend-
ment, except those expressly granted and allowed to be
charged. There shall be allowed collectors of the several
counties in this State, ten per cent, on the first five hundred
dollars of revenue which they may collect, and six per cent,
on all sums above that amount; and collectors shall be allow-
ed to have one or more deputies — such collector being in all
cases responsible for the acls of his deputy.
Sec. 9. So much of the thirty-fiist section of the act to Thirty-first
which this is an amendment, as requires the clerk of the cir-^^*r'^°° ^J^^^
c • 1 /-111 1 . 1 ^ct to which
cult court to lurnish a copy oi the colJectors report to the this is supple-
sheriff, be, and the same is hereby repealed. The word "of" mentary re-
in the seventeenth line of the first section of the act to which P^'''^
this is an amendment, shall be construed as the word "and."
Sec. 10. The Secretary of State is hereby required, so soon g^^^'^^^^^'^^Jg^
as this bill becomes a law, to have, without delay, three copies to publish dfis
of this bill printed for each county in this State, and forward act on its pas-
the same without delay, by mail, to each of the following sage,
county officers: One copy to the clerk of the circuit court,
one copy to the clerk of the county commissioners' court, and >
one copy to the sheriffof each and every county in this State.
Approved, Feb. 1st, 1840.
AN ACT fixing the time of holding the Circuit Courts in the Eighth In force Feb.
Judicial Circuit. 1, 1840.
Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the Circuit Courts
of the several counties in the eighth Judicial Circuit, shall here- Time of hold-
after be holden at the county scats of said counties, at the ing courts in
times following, to m it: ^'^^'^ "^""^*-
In the County of Sangamon, on the first Mondays in March, Sangamon,
second Monday in July, and second Monday in November.
In the County of Tazewell, on the Thursdays before the first Tazewell.
Mondays in May, and the Thursdays before the fourth Mon-
days in September.
In the County of McLean, on the second Mondays in May, McLean,
and first Monday in October.
In tne County of Livingston, on the third Monday in May, Livingston.
and second Monday in October.
In the County oi De Witt, on the Thursdays after the third De Witt.
Mondays in May, and the Thursdays after the second Mon-
days in October.
In the County of Macon, on the fourth Mondays in May, Macon,
and third Mondays in October.
LAWS OF ILLINOIS.
Dane, (now In the Countv of Dane^ on the first Mondays of June, and
chnsnan co.) ^^^^,^^ Mondays in October.
^°S"^"' In the County of Logan^ on the Thursdays after the first
Mondays in June, and the Thursdays after the fourth Mondays
in October.
In the County o{ Menard^ on the second Mondays in June,
and first Mondays in November.
Sec. 2. All wiits, or other process which may have been
issued out of any of said courts since the last term of the same,
or which meiy hereafter be issued previous to this actbeingre-
ceived by the clerks of said courts respectively, shall be deemed
and are hereby made returnable on the first day of the next
term thereof, to be held by virtue of this act; and all proceed-
ings, both civil and criminal, which are now pending therein,
shall be disponed of according to law in the same manner as if
no alteration had been made in the times of holding said courts.
Approved, Feb. 1st, 1840.
Menard
Writs and
process.
Body politic
and corpo-
rate.
Name and
slyla.
Boundaries.
City to bo di
vlded into
wards.
What lands
may be an-
nexed 10.
Powers.
AN ACT to incorporate the city of Springfield.
ARTICLE I.
Boundaries and general powers.
Sec. 1. Be it enacted by the People of the State of Illinois ^
represented in the General Assembly, That the inhabitants of
the town of Springfield, in the county of Sangamon, and
State of Illinois, be and they are hereby constituted a body
politic and corporate, hy the name end style of the City of
Springfield, and by that name shall have perpetual succession,
and may have and use a common seal, which they may
change and alter at pleasure.
Sec. 2. All that district of country enclosed within the fol-
lowing boundaries, to wit: Being in Sangamon county and
State of Illinois, one mile square; the State House is [being]
the centre of [said city of Springfield.]
Sec. 3. The President and Board of Trustees of the town
of Springfield, shall on or before the first day of March next,
eras soon thereafter as practicable, divide the said city
of Springfield into four wards, as nearly in population as
practicable, particularly describing the boundaries of each.
Sec. 4. Whenever any tract of land adjoining the city of
Springfield shall or may have been laid off into town lots
and duly recorded as required bylaw, the same shall be an-
nexed to and form a part of the city of Springfield.
Sec. 5. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to implead
and be impleaded, defend and be defended in all courts of
law and equity, and in all actions whatever. To purchase,
receive and hold property, real and personal, beyond the city,
for burial gi-ounds, as for other public purposes, for the use of
the inhabitants of said city. To sell, lease, convey or dis-
LAWS OF ILLINOIS. 7'
pose of property real and personal for the benefit of the city,
and to improve and protect such property, and to do all other
things in relation thereto as natural persons.
ARTICLE II.
Of the City Council.
Sec. L There shall be a City Council, to consist of a Mayor
and Board of Aldermen. Mayor and
Sec. 2. The Board of Aldermen shall consist of one mem- ^^'^^^^™^°'
ber from each ward, to be chosen by the qualified voters for
two years.
Sec. 3. No person shall bean Alderman unless at the time
of his election he shall have resided six months within the Qnalificatlona
limits of the city, and shall be at the time of his election ^oi AXdei-men,
bona fide free-holder in said city, and twenty-one years of
age, and citizen of the United States.
Sec 4. If any Alderman shall after his election, remove
from the ward for which he is elected, or cease to be a free- Office when
holder in said city, his office shall thereby be vacated. vacant.
Sec 5. At the first meeting of the City Council the Alder-
men shall be divided by lot into two classes, the seats of those Classes of
of the first class shall be vacated at the expiration of the Aldermen,
first year, and of the second class at the expiration of the
second year, so that one-half of the Board shall be elected
annually.
Sec. 6. The City council shall judge of the qualifications,
elections, and returns of their own members, and shall deter- Elections and
mine ail contested elections. returns.
Sec. 7. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn Quorum.
from day to day, and compel the attendance of absent mem-
bers under such penalties as may be prescribed by Ordinance.
Sec 8. The city council shall have power to determine
the rule of its proceedings, punish its members for disorderlyTIxpuMon of
conduct, and with the concurrence of two-thirds of the °^^^^'^*^'^^'
members elected, expel a member.
Sec. 9. The city council shall keep a journal of its pro-
ceedings, and from time to time, publish the same, and the-^^^^^j."^
yeas and nays when demanded by any member present, shall ^^""^
be entered on the Juornal.
Sec. 10. No Alderman shall be appointed to any office
under the authority of the city, which shall have been creat- Aldermen
ed or the emoluments of which shall have been increased ^^ces under
during the time for which he shall have been elected. city.
Sec 11. All vacancies that shall occur in the Board of
Aldermen, shall be filled by election. Vacancies.
Sec 12. The Mayor and each Alderman, entering upon
the dudes of their office, shall take and subscribe an oath ^^^'^'"^"^^^
"That they will support the Constitutionof the United States,
and of this State, and that they will well and truly perform
the duties of their office to the best of their skill and abilities."
8 LAWS OF ILLINOIS.
Sec. 13. Whenever there shall be a tie in the election of
Tie, how de- Aldermen, the Judges of election shall certify the same to
termiend. the Mayor, who shall determine by lot in such manner as
shall be provided by ordinance.
Sec. 14. There shall be twelve stated meetings of the city
Stated council in each year, and at such times and places as may be
meetings. prescribed by ordinance.
ARTICLE III.
Of the chief Executive officers.
Sec. 1. The chief executive officers of the city shall be a
Mayor, how Mayor, who shall be elected by the qualified voters of the
elected. city, and shall hold his office for one year, and until his suc-
cessor shall be elected and qualified.
Sec. % No person shall be eligible to the office of Mayor,
Qualifications who shall not have been a resident of the city for one year
for Mayor, next preceding his election, or who shall be under twenty-
one years of age, or who shall not at the time of his election
be a bona fide freeholder in said city, and a citizen of the
United States.
Sec. 3. If any Mayor shall, during the time for which he
Office of shall have been elected, remove from the city, or shall cease
Mayor. ^q j^e a freeholder in said city, his office shall be vacated.
When vacant. Sec 4. When two or more persons shall have an equal
Tie, for number of votes for Mayor, the Judges of election shall
Mayor. certify the same to the city council, who shall proceed to de-
termine the same by lot in such manner as may be provided
for by ordinance.
Sec. 5. Whenever an election of Mayor shall be contested,
Contested the city council shall determine the same, in such manner as
election. jj^^^y j^g provided by ordinance.
Sec. 6. Whenever any vacancy shall happen in the office
Vacancy,howof Mayor, it shall be filled by election.
fiJ'ed. article IV.
Of Elections.
Sec 1. On the third Monday of April next, one election
First election, shall be held in each ward of said city, for one Mayor for the
city, one alderman from each ward, and forever thereafter, on
the third Monday of April after, each year there shall be an
Annual election held for one Mayor for the city, and two aldermen
election. ^^^^ ^^^ ^^ ^^le Wards, the first election held for Mayor and
Aldermen shall beheld, conducted, and returns thereof [made]
as may be provided by ordinance of the present Trustees of
the town of Springfield.
Sec. 3. All free white male inhabitants, citizens of the
Qualifications United States, of the age of twenty -one years, who are en-
of voters. ^j^j^^ ^^ ^.^^^ ^^^ g^^^j^ officers, and who shall have been actual
residents of said city six months next preceding said election,
shall be entitled to vote for city officers: Provided., That said
Proviso. voters shall give their votes for Mayor and aldermen in
wards in which they respectively reside, and in no other; and
LAWS OF ILLINOIS. 9
that no vote shall be received, at any of said elections, un-
less the person offering such vote, shall have been an actual
resident of the ward w^here the same is offered, at least ten
days next preceding such election.
ARTICLE v.
Of the Legislative powers of the city council.
Sec. L The city council shall have powers and authority to Tax to be
levy and collect taxes upon all property, real and personal, ^^"'^'^*
within the city, not exceeding one-half per cent, per annum
upon the assesed value thereof, and may enforce the payment
of the same in any manner prescribed by ordinance not re-
pugnant to the Constitution of the United States and of this
State.
Sec. 2. The city council shall have power to require of all Officers to
officers appointed in pursuance of this charter, bonds with S^^^^m^ and
penalty and sccui ity for the faithful performance of their res-
pective duties as may be deemed expedient, and also to re-
quire all officers appointed as aforesaid to take an oath for the
faithful performance of the duties of their respective offices
upon entering upon the discharge of the same.
Sec. 3. To establish, support, and regulate common schools, To borrow
to borrow money on the credit of the city: Provided, That no^on^y.
sum or sums of money shall be borrowed at a greater interest schools,
than six per cent, per annum, nor shall the interest on the ag- Proviso,
gregate of all the sums borrowed and outstanding ever exceed
one-half of the city revenue arising for taxes assessed on real
property Avithin the corporation.
Sec. 4. To make regulations to prevent the introduction of Contagious
contagious diseases into the city, to make quarantine laws for f^iseases.
that purpose, and enforce- the same. kws'''°^'°^
Sec 5. To appropriate and provide for the payment ofthe Expenses of
debt [and] expenses of the city. city.
Sec 6. To establish hospitals, and make regulations for
the government of the same.
Sec 7. To make regulations to secure the general health Health of
of the inhabitats, to declare what shall be a nuisance, and to i°^^^^'^"*^-
prevent and remove the same.
Sec 3. To provide the city with water, to dig wells and Wells and
erect pumps in the streets for the extinguishment of fires, and pumps.
convenience of the inhabitants.
Sec 9. To open, alter, widen, extend, establish, grade, Improvement
pave, or otherwise improve and keep in repair streets, avenues, °^ ^""^^'®*
lanes and alleys.
Sec 10. To establish, erect, and keep in repair, bridges. Bridges.
Sec II. To divide the city into wards, and specify the Wards and
boundaries thereof, and create additional wards, as the occa- boundaries,
sion may require.
Sec 12. To provide for lighting the streets and erecting Lamps and
la^PP«s^^- . , &%ht watch-
Sec. 13. To establish, support, and regulate nightwatches.es.
10
LAWS OF ILLINOIS.
Markets. Sec. 14. To erect market kouses, establish markets, and
market places, and provide for the government and regulation
thereof.
Sec. 15. To provide for erecting all needful buildings for
the use of the city.
Sjec. 16. To provide for enclosing, improving, regulating
aJl public grounds belonging to the city.
Sec 17. To license, tax, regulate auctioneers, merchants
and retailers, grocers, taverns, ordinaries, hawkers, pedlars,
brokers, pawn brokers, and money changers.
Sec. 18. To license, tax and regulate hacking, carriages,
wagons, carts and drays, and fix the rates to be charged for the
carriage of persons, and for the wagonage, cartage, and dray-
age of property.
Sec, 19. To license and regulate porters and fix the rates
of porterage.
Sec. 20. To license and regulate theatrical and other ex-
hibitions, shows and amusements.
Sec 21. To tax, restrain, prohibit and suppress, tipling houses,
dram shops, gaming houses, bawdy and other disorderly houses.
Sec 22. To provide for the prevention and extinguishment
of fires, and to organize and establish fire companies.
Sec. 23. To regulate Hie fixing of chimneys and the flues
thereof, and stove pipes.
Sec. 24. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
Sec. 25. To regulate and order parapet walls and parti-
tion fences.
Sec 26. To establish standard weights and measures, and
regulate the weights and measures to be used in the city, in all
other cases not provided for by law.
Sec 27. To provide for the inspection and measuring of
lumber and other building materials: and for the measurement
of all kinds of mechanical work.
Sec. 28. To provide for the inspection and weighing of hay,
lime, and stone coal, the measuring of charcoal, fire wood, and
othor fuel, to be sold or used within the city.
Sec 29. To provide for and regulate the inspection of to-
bacco, and of beef, pork, flour, meal, and whiskey in barrels.
Sej. 30. To regulate the weight, quality, and price of bread
sold and used in the city.
Sec 31. To provide for taking the enumeration of the in-
habitants of the city.
Sec 32. To re'gulate the election of city officers, and pro-
vide for removing from oflice any person holding an office
created by ordinance.
Sec 33. To fix the compensation of all city officers and
regulate the fees of jurors, witnesses and others, for services
rendered under this actor any ordinance.
City police. Sec 34. To regulate the police of the city, to impose
fines, and forfeitures and penalties, for the breach of any ordi-
Buildings.
Public
grounds .
To license
and tax mer-
chants, &c.
Carriages,
drays, &c.
Porters and
porterage.
Exhibitions.
Disorderly
houses.
Fire compa-
nies.
Chimneys,
flues, & pipes
Combustible
materials.
Walls and
fences.
Weights and
measures.
Lumber and
materials.
Inspection of
hay, lime, &c,
Beef, pork,
Weight of
bread.
Census.
Removal of
officers.
Jurors and
•witnesses fees
LAWS OF ILLINOIS. li
nance, and provide for the recovery and- appropriation of such Fines and for-
fines and forfeitures, and the enforcement of such penalties, feitures.
Sec. 35. The city council shall have exclusive povs^er with- Billiard ta-
in the city, by ordinance, to license, regulate, and suppress and ^^^^' ^^•
restrain, billard tables, and from one to tvv^enty pin alleys, and
every other description of gaming or gambling.
Sec. 36. The city council shall have power to make all Ordinances.
ordinances which shall be necessary and proper for carrying
into execution the powers specified in this act, so that such
ordinance be not repugnant to, nor inconsistent with, the con-
stitution of the Unitecl States or of this State.
Sec. 37. The style of the ordinances of the city shall be: Style of.
"Be it ordained by the city council of the city of Springfield.'"
Sec. 38. All ordinances passed by the city council shall. When to take
within one month after they shall have been passed, be publish- ^^^'^^•
ed m some newspaper published in the city, and shall not be in
force until they shall have been published as aforesaid.
Sec. 39. All ordinances of the city may be proven by the How proven.
seal of the corporation, and when printed and published by
authority of the corporation, the same shall be received in
evidence in all courts and places without further proof.
ARTICLE VI.
Of the Mayor.
Sec I. The mayor shall preside at all meetings of the city Casting vote
council and shall have a casting vote and no other. In case of "' Mayor,
non-attendance of the mayororat any meeting,the board of ald-
ermen shall appoint one of their own members chairman, who chairman,
shall preside at that meeting.
Sec. 2. The Mayor or any two aldermen may call special Special meet-
meetings of the city council. "^Ss-
Sec 3. The Mayor shall at all times be active and vigilant Duties of
in enforcing the laws and ordinances for the government of '^^"'^
said city; he shall inspect the conduct of all subordinate officers
of said city, and cause negligence and positive violation of
duty to be prosecuted and punished: he shall from time [to
time] communicate to the aldermen such information, and re-
commend all such measures, as in his opinion may tend to the
improvement of the finances, the police, the health, security,
comfort and ornament of the city.
Sec 4. He is hereby authorised to call on tiuy male inhabi- In case of riot
tant of said city over the age of eighteen years to aid in^^f7°''™u-^,
r • ii 1 IT 1 • /• • V , ,, call on inhab-
eniorcmg tne laws and ordinances; and m case oi not, to callitants.
out the militia to aid him in suppressing the same, or in carry-
ing into effectany law or ordinance, and any person who shall „.
not obey such call shall forfeit to the said city a fine not exceed- refusal,
ing five dollars.
Sec 5. He shall have power whenever he may deem it Exhibit of
necessary to require of any of the officers of the said city an ^'°"^^ ^"'^
exhibit of his books and papers. papeis.
Sec 6. He shall have power to execute all acts that may To extend all
arts.
ILLIHOIS STATE LIBfiAKl.
12 LAWS OF ILLINOIS.
be required of him bj any ordinance made in pursuance of
this act.
Mayor com- Sec. 7. He shall be commissioned by the Governor as a
missioned aa justice of the peace for said city and county, and as such shall
justice peace. ^^ ^ conservator of the peace in the said city; and shall have
Powers. power and authority to administer oaths, issue v^^rits and pro-
cesses under the seal of the city, to take depositions, the ac-
knowledgements of deeds, mortgages, and all other instru-
ments of writing, and certify to the same under the seal of
the city, which shall be good and vahd in law.
Exclusive ju- Sec. 8. He shall have exclus:ve jurisdiction in all cases
risdiction. arisingunder the ordinances of [the] corporation,and concurrent
jurisdiction with all justices of the peace in all civil and crim-
inal cases within the limits of the city, arising under the laws
Fees. of the state, and shall receive the sam.e fees and compensation
for his services in similar cases.
Salary of Sec. 9. He shall also have such jurisdiction as may be
Mayor. vested in him by ordinance ibr the purpose of enforcing the
health and quarantine ordinances and regulations thereof, and
he shall receive for his services such salary as shall be fixed
by ordinance of the city.
Mayormay be Sec. 8. [10.] In caso the mayor shall at any time be guilty of
indicted for palpable emission of duty, or shall wilfully and corruptly be
maJ-conduct. '^ •{, p • i i j .• i-j • ^i j- i
guilty of oppression, mal-conduct, or partiahty in the discharge
of the duties of his ofiice, he shall be liable to be indicted in
the circuit court of Sangamon county, and on conviction; he
shall be fined not more than two hundred dollars; and the
court shall have power, on recommendation of the jury, to add
to the judgment of the court, that he be removed from office.
ARTICLE VII.
Proceedings in Special Cases.
Whereprivate Sec. L When it shall be necessary to take private proper-
property tak- ly^ for opening, widening, or altering any public streets, lanes,
streets.^^° avenue, or alley, the corporation shall make a just compensa-
tion therefor to the person whose property is so taken; and if
the amount of such compensation cannot be agreed upon, the
mayor shall cause the same to be ascertained by a jury of six
disinterested freeholders of the city,
Peiition by Sec. 2. When the owner [s] of all the property and [on any]
owners for street, lane, avenue, alley, proposed to be opened, widened or
streets °^ altered, shall petition therefor, the city council may open, widen,
or alter such street, lane, avenue, or alley, uponconditon to be
prescribed by ordinance, but no compensation shall in such
case be made to those whose property shall be taken, for open-
ing, or altering such street, lane, avenue, or alley, nor shall
there be any assessment of benefits or damages that may ac-
crue thereby to any of the petitioners.
Dama£;es, Sec. 3. AH persons cmpanncllcd to enquire into the amount
1- of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening, or alter-
ing any street, lane, avenue, or alley, shall be first sworn to that
LAWS OF ILLINOIS. 13
effect, and shall return to the mayor their inc[uest in writing,
and signed by the Jurors.
Sec. 4. In ascertaining the amount of compensation for Benefits and
property taken for opening, widening, or altering any street, i"J"™s-
lane, avenue, or alley, the jury shall take into consideration
the benefit as well as the injury happening by such opening,
widening, or altering such streets, lanes, avenues, or alley.
Sec. 5. The mayor shall have power, for good cause shown Inquest may
within ten days after any inquest shall have been returned to^e set aside.
him as aforesaid, to set the same aside, and order a now inquest
to be made.
Sec. 6. The city council shall have power by ordinance to Special tax to
levy and collect a special tax on the holders of the lots in any improve
street, lane, avenue, or alley, or part of any street, lane, ^"^^'^*
avenue, or alley, according to their respective fronts owned
by them, for the purpose of paving and grading the side walks,
and lighting such streets, lanes, avenues, or alleys.
ARTICLE VIII.
Miscellaneous Provisions.
Sec. 1. The inhabitants of the city of Springfield are Citizens ex-
hereby exempted from working on any road beyond the limits ^^^y^ ^""P^
of the city, and from paying any tax to procure laborers uponco'mjty t^x.
the same, and from any tax for county purposes except upon
real estate: Fro:j«(/e,V,The corporation shall support and provide Proviso,
for all the resident paupers of said city, and pay the expenses
of the circuit court in all criminal cases arising out of the of-
fences of any citizen of said city, as also jail fees which may
accrue therefrom, viz: boarding and lodging of criminals, or
charges that may be just and equitable.
Sec. 2. The city council shall have power for the purpose Labor on
of keeping the streets, lanes, avenues, or alleys in repair, and sheets.
require any male inhabitants in said city of twenty one years
of age to labor on said street, lane, avenue, or alleys, not ex-
ceeding three days in each and every year; and any person
failing to perform such labor when duly notified by the super- Refusal to
visor, shall forfeit and pay not to exceed one dollar per day for ^^'^°'''
each day so neglected or refused.
Sec. 3. The city council shall have powder to provide for Punishment of
the punishment of offenders, by imprisonment in county or city offenders.
jail in all cases when such oflfenders shall fail or refuse to pay
the fines and forfeitures which may be recovered against them.
Sec. 4. The city council shall cause to be published annual- Annual state-
ly, a full and complete statement of all moneys received and ™ents.
expended by the corporation during the preceding year, and
on what account received and expended.
Sec. 5. All ordinances and resolutions passed by the presi- Ordinances of
dent and trustees of the town of Springfield shall remain in J^^^^^*^^ ^"
force until the same shall have been repealed by the city coun-
cil heieby created: Provided^ No contract or agreement shall Proviso,
be afiected thereby.
Sec. 6. All suits, actions, and prosecutions, instituted, com- Suits and ac-
14 LAWS OF ILLINOIS.
tions, how menccd, or brought bj the corporation hereby created, shall be
prosecjjtec . iQg|;ij;^ji;Q(j^ commeaced, and prosecuted in the name of the city
of Springiield.
Finos, &c. ac- Sec. 7. AH actions, fines, penalties, and forfeitures, which
vestec?""'^'^^^ have accrued to the president and trustees of the town of
Springfield, shall be vested in, and prosecuted by, the corpora-
tion hereby created.
Property of Sec. 8. All property, real and personal, heretofore belong-
.cir-"''^''^'^'°^"S to the president and trustees of the town of Springfield
for the use of (he said inhabitants of said town , shall be, and
the same is hereby, declared to be vested in the corporation
hereby created.
Charter not to Sec. 9. This charter shall not invalidate any act done by
anvalulate ^^^ president and trustees of the town of Springfield, nor
Q.cts 01 town. . 1 o '
divest them of any right which may have accrued to them
prior to the passage of this act.
Duty of tnis- Sec. 10. The President and trustees of the town of Spring-
Se^^I-oda-^" field shall, immediately after the passage of this law, within
mation, ^''^^ limiLs of the city of Springfield, issue their proclamation
for the election of officers, and cause the same to be published
in all the newspapers in said city, for four weeks in succession
prior to the day of election for saidofliceis.
Appeals al- Sec. 1L Appeals shall be allowed from the decision in all
jowed. cases arising under the provisions of this act, or any ordinance
passed in pursuance thereof, to the circuit court of Sangamon
county, and every such appeal shall be taken and granted in
Ihe same manner and like effect as appeals are taken from, and
granted by, justices of the peace to the circuit court under the
law of this state.
Office of May- Sec. 12. Whenever the mayor shall absent himself from
«^''vhenva- (he city, Or shall resign, or die, or his office shall otherwise be
Mayor pro ^ Vacated, the board of aldermen shall immediately proceed to
tem. elect one of their number president, who shall be the mayor
pro tem.
Act declared Sec. 13. This act is hereby declared to be a pubhc act, and
public. j^j^j i,Q j-Q^^ in evidence in all courts of law and equity in this
state v> ithout proof.
Actsrepealed. Sec, 14. All acts or part of acts coming within the provisions
of this charter, or contrary to or inconsistent with its provisions,
are hereby repealed.
Jurisdiction Sec. 15. The city marshal, or any other officer authorised
of city mar- to exccutc writs or other process issued by the mayor, shall
tlfs '^"*^°®' have power to execute the same any where within the limits
of the county of Sangamon, and shall be entitled to the same
fees for travelling as are allowed to constables in similar cases.
Act to be pub- Sec. 16. It shall be the duty of the president and trustees
lished. of the town of Springfield, immediately after the passage of
this act, to cause the same to be published two weeks in succes-
sion in two of the public journals printed in said town, and
Meeting of le- thereafter give notice for a public meeting of the legal voters
gal voters. of said town, who shall have been resident citizens thereof
LAWS OF ILLINOIS. 15
at least six months preceding said meeting, to be held at the
courthouse on the first Monday of April next, forthe purpose Time when to
of then and there voting for the adoption or rejection of this ^j^l^P^""^-''"'^
act. The majority of the legal voters there present shall deter-
mine the adoption or rejection of the same; Provided, That at Proviso.
any subsequent meeting, like notice being given as aforesaid,
the same may be adopted and take effect immediately there-
after.
Approved by the Council, Feb. 3, 1840.
AN ACT in relation to the State Bank of Illinois. In force Jan.
31, 1840.
Sec. L Be it enacted hy the People of the State of Il^'i^nois^^-.^^^^^^^^'
represented in the General Assembly, That the State Bank of state Bank
Illinois is hereby revived, and the forfeiture of its charter for revived. ._
refusing to pay for its notes, or other evidences of debt, in spe-
cie, is hereby set aside; and said bank is hereby authorized to
transact all business as a body corporate, in as full and complete
a manner as she might have done if said bank had not suspend-
ed specie payments; and every provision of law requiring or
authorizing proceedings against said bank, with a view to
fotfeit its charter, or wind up its concerns, or which requires
said bank to suspend its operations and proceedings in conse-
quence of its refusal to pay its notes, and Other evidences ofTimeof revi-
debt, in specie, is hereby suspended, until the close of the next val of charter.
session of the General Assembly of the State of Illinois: Pro- Proviso.
vided, however, That to secure the benefit of the foregoing pro-
visions, the said bank shall agree to conform to, and comply with,
the following conditions, restrictions, and limitations, to wit:
First. The said bank shall not hereafter make any loan on First.
an hypothecation of the stock of the bank.
Second. That it will not, directly or indirectly, during its Second.
suspension of specie payments, sell, dispose of, or part with,
any of its specie, or gold or silver bulHon, except for the pur-
poses of change, to the amount of five dollars, or under the sum
of five dollars.
Third. That it will furnish monthly, to the Executive of the Third.
State, a full and complete statement of the condition and
financial operations of said bank, and its branches, verified by
the oath of [the] president or cashier of said bank, which state-
ment shall be published in the newspaper of the Public
Printer.
Fourth. That it will not, either directly or indirectly, issue. Fourth.
or put into circulation, during the period of its suspension of
specie payments, any bank bill, or note, or any evidence of
debt, by which its circulation will be increased beyond the
amount of the capital stock actually paid in.
Fifth. That it will receive, upon deposite, any funds belong- Fifth.
ing to the State, which may be required to be so deposited,
16 LAWS OF ILLINOIS.
and pay Lhc same out upon the order of the proper officer or
agent of the State, in kind, free from charge; and also, all
funds heretofore deposited by the State.
Sixth, Sixth. Hereafter, any stockholder in said bank, owning five
shares of the stock of said bank, shall be qualified to act as
director of said bank.
Seventh, Seventh. That until said bank shall resume specie payments,
citizens and residents of this State, who are indebted to them
upon notes heretofore discounted, shall be allowed to pay their
debts in instalments, at the rate of ten per cent, upon each
and every renewal upon the amount originally due, upon con-
dition that such debtors shall execute new notes with satisfacto-
ry security, and pay the aforesaid per cent., and the interest in
advance, according to the uses [usages] and customs of bank-
ing: Provided,, That this section shall not "apply to notes or
bonds assigned or endorsed to the bank.
Eighth. Eighth. That the said bank shall not, after their acceptance
of the provisions of this act, suffer any person, firm, or house,
to become indebted, at any one time, to the parent bank, or
cither of its branches, as principal, or maker, of any promisso-
ry note, or notes, in a sum greater than ten thousand dollars.
That it shall not sufTer any person, firm, or house, to become
indebted to the parent bank, or any [either] of its branches, as
security or endorser, on promissory notes, in a sum greater than
ten thousand dollars, and that it shall not suflfer any person,
firm, or house, to become indebted to said bank, or either of
its branches, as drawer, or endorser, of bills of exchange, in
a sum greater than twenty-five thousand dollars; and in case
any person, firm, or house, shall, at the time of the acceptance
of this act by said bank, be indebted to it in any manner great-
er than is allowed by the preceding limits, said bank shall
proceed to call in said debt by instalments, until it shall not
exceed the amount allowed by the above provisions.
Ninth. Ninth. That at the next election for choosing directors of
said bank, under the provisions of its charter, not less than
three persons not now Directors, shall be chosen Directors by
the stockholders; and thereafter, at each election, at least two
new Directors shall be elected.
Tenth. Tenth. After the acceptance of this act, if said bank shall
fail to comply with any of the conditions, restrictions, or Hm-
itations, herein imposed, it shall be liable to be proceeded
against as may now be done for a violation of any of the pro-
visions of the original charter of said bank.
Shall receive Sec. 2. The State Bank of Illinois shall at all times receive
its own bills. jj.g ^^^^ huxik bills in payment of any demand, debt, or claim,
due to the bank, from any individual or corporation whatever.
Acceptance Sec. 3. Whenever the State Bank shall accept the provis-
o*" Foyif °".\ ions of this act, and the president thereof shall file,in the office
Sec^'of sire of the Secretary of State, a certificate of the fact of such
acceptance, under the corporate seal of said bank, then from
and after the filinor such certificate, said bank shall be considered
LAWS OF ILLINOIS. 1*7
as entitled to the benefits of this act, and shall be bound by all
the conditions, restrictions, and limitations herein contained.
Sec. 4. This act shall not be construed so as to impair any Rights not
rights acquired by individuals, or to prevent the holders of its ^"^P'"^''^^"
notes, and other evidences of debt, from bringing and main-
taining suits against said bank, for any notes, or other eviden-
ces of debt, which they now have,or may hereafter hold, against
it; and the provisions of this section shall apply as well to
notes heretofore issued, as to notes which may hereafter be
issued by said bank.
Sec. 5. The Directors of the parent [bank] shall, Avithin six Branch at
months from the passage of this act, remove from Chicago the^^^^'J^^^o to^be
branch located at that place, and estabUsh the same at such in six months,
other place as the bank may deem proper.
Approved, by the Council, January 31st, 1840.
AN ACT to inccrporate the Rock Island University. In force, Jan.
18, 1840.
Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Assembly, That Charles Oakley, pej-^gns com-
Charles S. Hempstead, Joshua Harper, Charles C. Wilcox, posing body
Philip K. Hanna, Osborn, Samuel L. Lamberson, Ru- corporate.
fus J. Hervey, Charles G. Thomas, Jonathan K. Woodruff,
Germanicus Kent, James H. Gower, Alonzo P. Clapp, Lucius
Wells, and William Hammond, and their successors, be, and
they are hereby created a body politic and corporate, to be
slyied and known by the name of "the Trustees of the Rock Name and
Island University." styW.
Sec 2. The said University shall remain located at or near Location of
Hampton, in the county of Rock Island. The number of ^"^^""■^^'y;
trustees siiall not exceed fifteen, exclusive of the chancellor, or Tn™teTs°^
presiding officer of said university, who shall, ex officio, be a chancellor
member of the Board of Trustees. No other instructor shall
be a member of the board.
Sec. 3. The object of said corporation shall be to qualify object of cor-
youth to engage in the several employments and professions of poi-ation.
society, and to discharge honorably and usefully the - various
duties of life.
Sec. 4. The said corporation shall have power to purchase, Powers,
receive and hold, for the sole use and benefit of said Universi-
ty, such personal property as may be proper and useful in
promoting the cause of literature therein; and in its corporate
name to sue, and be sued, plead, and be impleaded, answer,
and be answered, in all courts of law and equity; to have a
common seal, and to alter or change the same; to make such
by-laws lor its regulation as are not inconsistent with the con-
stitution and laws of this State or of the United States; and
to confer on such persons as may be considered worthy, such
2
18 LAWS OF ILLINOIS.
Degrees may academical or honorary degrees as are usually conferred by
be cotiferred. similar institutions.
Sec. 5, The trustees of said corporation shall have authori-
ty to elect a chancellor, to regulate all financial affaii's, and to
Proviso. fill the various offices of instruction: Provided^ That no per-
son be appointed to such oflice, except he be first nominated by
Further pro- the chancellor: Provided, also, That nothing herein contained
viso. gljjj][ authorize the establishment of a theological department
in said University.
Trustees ma}^ Sec. 6. The trustees for the time being shall have power to
be removed, remove any trustee from his office of trustee for any disiionor-
Proviso. able or criminal conduct: Provided, That no such removal shall
take place without giving to such trustee notice of the charges
exhibited against him, and an opportunity to defend himself be-
fore the board, nor unless that two-thirds of the whole num-
ber of trustees, for the time being, shall concur in such re-
moval. The trustees for the time being, in order to have per-
\ petual succession, shall have power as often as a trustee shall
i!l^ni"d'^^ ^^ removed from office, die, resign, or remove out of the State,
tpTtppoint a resident of the State to fill the vacancy thus made
in the board of trustees. A majority of the trustees for the
Quorum. time being, shall be a quorum to do business.
Sec. 7. The trustees shall faithfully apply the funds collect-
Funds, how ed, or hereafter collected , according to their best judgment, in
apphed. erecting suitable buildings, in supporting the necessary in-
structoi's, officers and agents, in procuring books, maps, charts,
globes, philosophical, chemical and other apparatus necessary
to aid in the promotion of sound learning in the University:
Proviso. Provided, That in case any donation, devise or bequest shall be
made for particular purposes, accordant with the objects of the
institution, and the trustees shall accept the same; every such
donation, devise, or bequest, shall be applied in conformity
Further pro- with the express condition of tlie devisors or donor: Provided,
^^°- also, That lands donated or devised as aforesaid shall be dis-
posed of as required by the tenth section of this act: And
.Still further provided, further, That the safd corporation shall have power
proviso. ^^ purchase, and hold no greater quanty of land than six hun-
dred and forty acres (which power is hereby conferred) except
the same is acquired by donation.
Sec. 8. The treasurer of said University, always, and all
other agents when required by the trustees, before entering
Bonds of offi-upon the 'duties of their appointments, shall give bond for the
^^'■^- security of the corporation, in such penal sum, and with such
Process securities as the Board of Trustees shall approve, and all pro-
against cor- cess against the said corporation shall be by summons,, and
poration, how service of the same shall be by leaving an attested copy with
served. ^j^^ treasurer of the University, at least thirty days before re-
turn day thereof.
University ^Ec. 9. The said University and its preparatory depart-
freeto all ments shall be open to all denominations oi Chistians, and the
Christians, profession of any particular religious faith shall not be requir-
LAWS OF ILLINOIS. 19
ed of those who become students. All persons, however, may I^^e and vi-
be suspended or expelled from said University, whose habits J^na^^bJexpel-
are idle, or vicious, or whose moral character is bad. led.
Sec. 10. The lands, tenements and hereditaments to be
held in perpetuity in virtue of this act, shall not exceed six Limit of lands
hundred and forty acres, except such as are for University ^o hi held,
buildings and necessary appurtenances: Provided, however, -proxiso.
That if donations, grants, or devises in land shall from time to
time be made to said corporation over and above said six hun-
dred and forty acres which may be held in perpetuity as afore-
said, the same may be received and held by said corporation Lands by
for the period of nine years from the date of such donation, gvant may be
grant or devise; at tlie end of which time, if said lands over °^°^
and above the said six hundred and forty acres shall not have,
been sold by the said corporation, then, and in that case, the
said land so donated, granted, or devised, shall revert to the When lands
donor, or grantor, or to the heirs of the devisor of the same. ^'^^'^ revert.
Approved, January J 8th, 1840.
AN ACT for the incorporation of the Fayette Steam Mill Company. Jn force, Jan.
18, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois''
repres'inted in the General Assembly, That James Black, Jo- Persons com-
seph Chaffin, Fred'k Remann, Benjamin Buckmaster, Harvey P°'',ofate^°''^
Lee, John Denton, Joseph T. Eccles, R. K. McLaughlin and ^ ^"^^
N. M. McCurdy, and their associates, successors, and assigns,
be, and they are hereby constituted a body politic and corpor-
ate by the name and style of "The Fayette Steam Mill Com- Name and
pany," for the more convenient ojvning and conducting a style*
steam-saw and grist-mill, to be propelled by one or more steam
engines, in the county of Fayette; and the transactions of all
the usual business of companies engaged in the manufacture
of flour, meal and lumber, and the transportation, and vending
the same 5 and tlie said corporation, by the said name, is de-
clared, and hereby made capable in law, to sue, and be sued. Powers,
to plead, and be impleaded, to have a common seal, and the
same to alter and renew at pleasure; to make rules and by-laws
for the regulation and management of the said corporation,
consistent with the laws of this State; and generally to do
and execute whatever by-law shall appertain to such bodies
politic: Provided, That nothing herein contained, shall be Proviso,
considered as conferring on the said corporation any banking Banking pri-
privileges, but they shall be exclusively confined to the opera- vileges not
tions necessary tor carrying on the business consequent upon ^'^° ^
the running and conducting of Steam-mills.
Sec. 2. The said corporation shall have the right to hold, May hold one
possess, and enjoy, any quantity of land, not exceeding one thousand a-
thousand acres, and the whole amount oi' capital stock shall g!^pj°^] g^joek.
not exceed in value twenty thousand dollars, and shall be di-
20 LAWS OF ILLINOIS.
vided into two hundred shares of one hundred dollars each;
which capital shall be employed in purchasing and holding the
Capital, how lands aforesaid, and in procuring, constructing, employing, and
employed. Using, buildings, machinery, teams, tools, and utensils and all
things necessary and proper for the manufacturing of meal,
flour and lumber, and transportation and sale of the same, and
the purchase of corn, wheat, timber, and other materials for
the successful prosecution of the object of the company.
Certificate of Every member of the company shall have a certificate, under
stock. tj^g ggjji of ^jjg corporation, and made and altered, in such
manner and form as the by-laws shall prescribe, certifying his
property in the share or shares owned by him; and the stock of
, said company shall, in the nature of personal property, be as-
ferable. signable and transferrable according to such rules as the board
of directors shall establish; and no stockholder indebted to
No transfer to thc company shall be permitted to make a transfer or receive
be made till ^ dividend, until such debt is discharged, or security given for
?o corpo'rai'^n the same to the satisfaction of the directors.
Sec. 3. For the managing of the affairs of the said corpora-
Directors how tion, there shall be chosen from the stockholders, seven direc-
chosen . ^^j.g^ ^^j^^ ^\-^^\\ i^q\^ i^j^gj^ office for one year, or until superceded
by others. Ten days previous notice shall be given in one or
more new^spapers, published in the town of Yandalia, of the
Firstelection. first election for directors under this act, and there shall be
annually thereafter, a like election for directors, in the town
of Vandalia. In all such elections for directois, each proprie-
Each share, tor of a share in the capital slock shall be entitled to one vote
one vote. for each and every share held and owned by him, which vote
shall be given either by himself in person, or by his proxy duly
authorized under seal, and a majority of the shares shall be
necessary to a choice of directors, or the transaction of any
business which may concern the company and come before the
stockholders.
Quorum. Sec. 4. A majority of the directors shall form a quorum to
transact business, and they shall meet within thirty days from
thc time they shall have been chosen, at Vandalia, and choose
President, by ballot one of their number for President, who shall serve
how chosen, f^j. f^^xe year, or until superceded by a new election; and there
, shall be, annually thereafter, alike election in the town of^
doTwhere " Vandalia, by the said directors for the time being, of a Pre-
held'. sident for the said corporation. The said directors shall also
Secretary and have power to choose and appoint a Secretary, and Treasurer,
Treasurer,&c. and such other officers and agents to conduct and prosecute
the business of the said corporation as they shall deem neces-
sary and proper, and prescribe their duties from time to time
in such way as said directors may think best. The said di-
Books of re- rectors shall cause to be kept duly recorded in books to be pro-
cord, vided and kept for the purpose, minutes of all their proceedings,
I ; and regular accounts of all their transactions ; as also minutes of
.il-i the proceedings of the stockholders at each of their meetings,
LAWS OF ILLINOIS. 21
which books may at any time be inspected by any o£ the stock-
holders.
The said directors shall have power, for good cause, to be
spread at large, together with the proof iti support thereof,
upon the minutes aforesaid, to remove the President from of- rresirlent
fice; they shall have power also to supply any vacancy which ^'^J he re-
may occur in the office of President, or in their own body; and ™°^'^
the President or Directors thus chosen shall hold his office Term of office,
until the next succeeding regular annual election for such of-
ficer.
Sec. 5. The directors may, from time to time, at any meet-
ing, assess and require payment of such sum of money not Instalmentsof
exceeding twenty per cent, upon each share of the capital {^^^^'^^3]}^^*^^^^]
stock, as shall be judged by them necessary for the purposes of
the corporation, to be paid into the hands of the Treasurer,
and if, after publication of notice in a newspaper, once a week
for two months, of the time of payment of any proportion or
instalment of said capital stock, if any stockholder shall fail to
pay his instalment at the time specified in such notice, the '^Vhen mstai-
amount paid by such delinquent stockholder, previously, shall p^y, stock
be forfeited to the company, and his stock may be sold to any may be sold,
person for such price as may be agreed upon between said
company and the purchasers.
Seu. 6. Dividends of the nett profits of the said company
shall be made at such time as shall be determined by the stock- Dividends,
holders in general meeting, which dividend shall be paid to the whenandhow
person entitled to the same, on demand made ten days after "^^ ^'
making and declaring such dividend. The declaring and
amount of said dividend shall be published once or more in the
nearest newspaper.
Sec. 7. The Treasurer of said company, within thirty days Treasurer to
after his appointment, shall enter into bonds for the faithlul dis- S^^^ ^"^^'
charge of his duties, in such amount as shall be designated by
the Board of Directors, and with such securities as said board
may approve; and all money accruing to the company and
falling into the hands of said Treasurer shall be by him de- Moneys,
posited in the Vo.ndalia branch of the State Bank, to the credit wl'^''^ depos-
of said company, whenever the same shall exceed one bun- gyj.gj._-^
dred dollars; said money when so deposited shall only be
drawn therefrom for the use of said company on a check of Moneys, how
the Treasurer, countersigned by the President of the cor- f^''^"'" •
poration.
Sec 8. The stock of said company shall be deemed per- Stock deemed
sonal estate, and pass as such to the legal representative ofP^'"^^"^^-
each stockholder: Provided, That the real estate which mayPi-oviso.
be held by said corporation shall be sold and conveyed when
they may think proper so to dispose of it, according to the
forms, and in the manner prescribed by the lawconveying real
estate; the President of the company making the acknowledg-
ment on behalf of the corporation: A?id provided, further, Funhcrprovi-
That the said corporation, during the period of its existence ^°'
22 LAWS OF ILLINOIS.
Limit of
charter .
which shall terminate at the expiration of twanty years from
the passage of this act, shall not purchase and hoid any greater
quanty ot land than one thousand acres.
Approved, January 18, 1840.
Commission-
er to borrow
In force, Jan. AN ACT to authorize the county of Jo Daviess to honow money.
18, 1840. ^ •'
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That the county commis-
sioners' court, of the county of Jo Daviess, may, by an order
to be entered upon the records of said court, appoint a com-
missioner, whose duty it shall be to borrow such sum or sums
money. ^f money, as may be necessary to enable said county to com-
plete the new courthouse, in the town of Galena, in said
county, and the said commissioner is hereby authorized to
Real estate to mortgaffe any of the real estate of said county, to secure the
be mort£;a!5ed ^ . c ,~ i i
as security. P'^vment 01 any sum or sums oi money so borrowed.
Sec. 2. Any mortgage deed, made by such commissioner,
under his hand and seal, on behalf of said county, for tf.e pur-
poses aforesaid, duly acknowledged and recorded, shall in all
respects be valid and binding upon said county, and shall en-
able the mortgas^ee of such deed to prosecute to eflect said
county for a breach of the conditions of such deed, in the
same manner as is pointed out in the 18th section of the act
entitled an act concerning judgments and executions, ap-
proved January 17, 1825.
Sec. 3. In any suit instituted under the provisions of this
Writ of scire act, the scire facias required by s-aid [act] to be issued may
jacias. I^g jgl'l^ ^jj.j^ ^j^g clerk of said court, ten days previous to
Service of the return day thereof, which shall constitute a sufficient ser-
^'^ ■ vice thereof to authorize the proper court, before which
such suit is instituted, to proceed and render judgment ac-
cording to justice and merits of the case.
Approved, January 18, 1849.
In force, Jan. AN ACT to revive and continue in force an act, entitled " An act to lo-
18, 1840. cate a certain State road therein mentioned, approved Feb. 27, 1839."
Sec. 1. Be it enacted by the people of the State of Illinois ,
represented in the General Assembly^ That an act, entitled
Act revived, Hn act to locate a certain State road therein mentioned, ap-
& further time proved February 27, 1839, be revived, and that the period
cate^-oad? ^°' °^ ^^"^® allowed the commissioners, appointed by said act, to
perform the duties therein assigned them therein, be extend-
ed to one year from the passage of this act.
Approved, January 18, 1840.
LAWS OF ILLINOIS. ' 3^
AN ACT to authorize H. H. Gear to keep a. ferry across the Mississippi In force, Jan.
river. 18, 1840.
^Ec. L Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That Hezekiah H. Gear,
ol the county of Jo iJaviess, is hereby authorized, and licens-
ed to keep a ferry across the Mississippi river, at and from a Location of
a point in said river, in the county of Jo Daviess, and oppo- ^^^"^y-
site the mouth of " Tete de Mort," in the territory of Iowa;
and the said Gear, his heirs and assigns, shall have the right
of having, maintaining, and using a ferry across the said river,
at the place before mentioned, and to have and receive all
advantages and emoluments arising from the use of said ferry,
for and during the term of ten years: Provided, however, That Proviso
the county commissioners' court, of the county of Jo Daviess
shall have the right to assess an annual tax upon the said fer-
ry equal to that levied upon other ferries severally situated
in said county.
Approved, January IS, 1840.
AN ACT to amend an act, entitled "An act to incorporate the Rock Island t„ fQ,.„g jnn
Mutual Fire Insurance Company." jo 1040
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the said corpora-.-,
tion, in addition to the powers heretofore granted, by the act ers'gramedTo
to which this is an amendment, are hereby authorized to take corporation
risks, and effect insurances, on all classes of personal property
within the limits of this State.
Approved, January 18, 1840.
AN ACT to amend an act to incorporate Knox Manual Labor College, i^ force, Jan.
18, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the period of three
years, allowed to the Trustees of Knox Manual Labor College,
by the ninth section of the act, to which this is an amendment,
for holding donations, grants, or devices in lands, be, and
the same is hereby extended to seven years, in addition to -^'^f^nig ''^"
the aforesaid period of three years, any thing in said section changed to 7
to the contrary notwithstanding.] years
Approved, January 18, 1840.
24 * LAWS OF ILLINOIS.
In force, Jan. AN ACT to establish Insurance Offices in Morgan, Pike and Scott counties.
27, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, re-
presented in the General Assembly, That the following privi-
Insui-ance leges and powers are hereby conferred upon and granted
powers grant to ihc Winchester, Lynnville and Jacksonville Railroad Com-
pany, incorporated by an act passed on the eighteenth day
of January, in the year eighteen hundred and thirty-six.
First. To use the stock and effects of said company,
in the business of insurance, and to become to all intents
and purposes an Insurance Company.
Second. To establish and keep in operation, insurance
Location of offices in Jacksonville and Winchester; all the business and
offices operations of the company, to be under the direction of the
rectors as heretofore.
By-law* to be Third. To change the by-laws of the corporation, so as
changed to make them applicable and appropriate to the business and
operations of an insurance company, and to make such ad-
Additional by ^jtional by-laws, not inconsistent with the laws of the land,
as may be found necessary to carry on the business of the
company.
Sec. 12. Said company shall be authorized to make insu-
rances upon vessels and their cargoes, or either, navigating
the high seas or the lakes, and upon vessels and boats of any
description and their cargoes, or either, navigating rivers and
canals: to make insurance upon houses, mills and other build-
Exception ings, (excluding distilleries) goods, chattels, wares, and mer-
chandize, money, and every description of property usually
insured by other companies in the State; also upon bottomry,
loans, and upon lives, and also to cause itself to be re-insured
against all risks or perils upon which it may have made insu-
rance, and to make advances of money upon bottomry and
respondentia, upon such terms as are authorized by the ex-
isting laws of this Slate.
Sec. 3. The directors shall prescribe in their by-laws the
Policies of in- manner of executing their policies of insurarice; the terms
surance ^f insurance shall be such as may be agreed upon, as well as
the provisions and times of payment.
Stockholders Sec. 4. The stockholders shall severally be held liable
liable ^Q creditors, for the amount of stock subscribed. The liabi-
lities of the company shall never exceed the amount of sub-
scriptions of stock, and for all excess of liability the diiec-
When Direc- <^o^'s under whose authority or by whose permission such ex-
tors shall be cess may arise, shall be jointly and severally liable for the
liable gj^f^g^
Sec 5. The renl estate now owned by the company,
Capital stock shall be held as capital stock at its cost, and the company
shall not hereafter purchase or hold any other real estate in
fee simple, except one town lot in Jacksonville and one in
Winchester, on which to erect the buildings necessary to the
Pro\-iso transaction of its business: Provided, however, that in cases
LAWS OF ILLINOIS. 25
where real estate maj be sold to satisfy debts due the compa-
ny, the same may be purchased in satisfaction of such debts,
but all real estate so purchased, shall be offered for sale at
public vendue, at least once in each year, and shall be sold g^jj forjebts
whenever the amount of the judgment under which the pur-
chase was made, shall be offered at any such sale.
Sec. 6. Said company shall not directly or indirectly deal company not
or trade in goods, wares or merchandize, or engage in any to deal in any
other business, or use its means for any other purpose than as other business
expressly authorized by its charter.
Sec. 7. The present subscribers to the capital stock shall
be entitled to the benefit of their subscriptions, and to» all *^
payments made thereon; and the organization of the com pa- Organization
ny shall be deemed to have been conformable to law. The ot" company
change in the charter authorized by this act shall not release
or affect any liability of the company now existing against it;
and all the powers and rights conferred upon said company,
shall be continued so far as they may be consistent with the
provisions of this act.
Sec. 8. Suid company shall not have power, if this amend- Powers to
ment is adopted to the charter, to make or construct any make roads
railroad, turnpike, McAdamized, or other description of road, '"^^""'^^'^
or to have or hold the right of way for any such road, or to
engage in the business of transporting property or persons
upon any road whatever.
Sec. 9. The directors shall provide for the speedy adjust- Losses shall
ment and payment of all losses arising under any policy made be paid spee-
by the company, and for all unreasonable and vexatious de- ^^
lays in payments, the company shall be liable to pay damages
not exceeding per cent, per annum, in addition to le-
gal interest.
Sec. 10. Additional subscriptions to the capital stock of
said company may be received hereafter upon the payment
of one dollar upon each share subscribed, and the capital Inci|ease of
stock of said company may be increased two hundred thou- capital stock
sand dollars.
Sec. 11. The said company may proceed to business un-
der this charter, whenever the sum of ten thousand dollars
shall have been paid to their treasurer, including the stock
already held in real estate.
Sec 12. Said company shall keep regular books, and enter „ , -
therein all their accounts and transactions; and the accounts company
of the company shall be balanced half yearly, and the pro-
fits growing out of its business shall be divided half yearly^. ., ,
among the stockholders according to their rights, but divi-
dends shall not be paid except of profits actually realized.
Sec. 13. It shall be lawful for stockholders to secure the
payment of their stock to the company by mortgage upon g^p-^^'^llo^ ^q
real estate, and all such mortgages shall stand as security to be secured
creditors for moneys due from the company.
36
LAWS OF ILLINOIS.
This act to be
part oiigina]
Evidence of
adopiioa of
this act
Pittsfield and
Mississippi R
R Company
may establish
insurance of-
fice in Pitts-
field
Conditioi
Sec. fifteen of
Winchester,
Lynnvilleand
Jacksonville
RR Company
repealed
Act to conti-
nue 20 years
Sec. 14. This act as well as all others amending the ori-
ginal chaiter of said company, shall become to all intents and
purposes a part of the act of incorporation, upon being
agreed to by the President and Directors of said Company;
and an entry of such agreement upon the record kept of the
actings and proceedings of said board, shall be sufficient evi-
dence of the adoption of such amendments; and of the right
of the company to act under the same.
Sec. 15. The President and Directors of the Pittsfield
and Mississippi Railroad Company, incorporated by an act
passed on the first of March, one thousand eight hundred and
thirty seven, are authorised to establish and keep in opera-
tion an insurance office in Pittsfield, and to use all of its
stock and means in the business of insurance, and to become
to all intents and purposes an insurance company, upon con-
dition that said President and Directors agree that the first,
second, tliird, fourth, fifth, sixth, seventh, eighth, ninth, tenth,
eleventh, twelfth, thirteenth, and fourteenth sections of this
act sh;ill be adopted as an amendment to the charter of said
company, exce|)t that said company shall not have any office
in Jacksonville or Winchester.
Sec. 17. The fifteenth section of the original act incor-
porating the Winchester, Lynnville and Jacksonville Railroad
Company, is hereby repealed.
Sec 18. This act shall continue in force for twenty years
from its passage, and no longer.
Approved, January 27, 1840.
In force Jan.
27, 1840.
AN ACT to authorize J. A, Clark to build a bridge across the Pickatonica.
Sec. 1. Be it enacted by the People of the Slate of Illinois,
reprei'ented in the Gcnr.ral Assembly, That John A. Clark,
his heirs and assigns, be, and they are hereby authorized to
build and keep, for the term of tvi^enty years, from the pas-
Location of sage of this act, a toll bridge across the Picatonica river, in
township i\o. twenty-seven north, of range No. eight east, at
and opposite the town of Freeport, in Stephenson county,
Illinois: Provided^ said bridge shall not interfere with the navi-
gation of said river.
Sec. 2. The said John A. Clark, his heirs or assigns,shall
When com- commence the building of said bridge, within one year, and
menced complete said bridge within four years from and after the pas-
sage of this act: said bridge shall be built in a good and sub-
stantial manner, so as to give a safe and easy passage to all
persons and their property, wishing to cross the same.
Sec. 3. After said bridge shall be complete, the said John
A. Clark, his heirs or assigns, are hereby authorized to place
a toll gate on ei ' er end of said bridge, or elsewhere, where
he or they may (io:n;md of all and every perjon pass::. g said
LAWS OF ILLINOIS. 27..
bridge, the following rates of toll, (to wit:) For each two Rates of toll
horse wagon drawn by two horses, or one yoke of oxen,
twenty-live cents; for each additional pair of horses or yoke
of oxen, twelve and a half cents; for each ono-horse wagon
or carriage, eighteen and three-fourth cents; for each man
and horse, twelve and a half cents; for each head of hogs,
sheep, or goats, one cent; for each head of horses, cattle,
mules, or asses, three cents; and three cents for each footman.
Sec. 4. The said John A. Clark, his heirs, or assigns, shall
at all times after the completion of said bridge, keep the same
in good repair, and allow a speedy passage; and if at any time Bridge out of
the bridge be kept out of repair, so that the same be impassi- ^^t'^"" *° ^^"
11 r 1 X- • <i i. 4.- *u . J crue to coun-
ble for the space of six months at any one time, the said ty
bridge shall accrue to the county of Stephenson: Provided, Fro\iso.
however, That the destruction of said bridge by fire, high
water, or other casualty, shall not work a forfeiture of the
privileges hereby granted; but said Clark, his heirs or assigns,
shall proceed immediately to repair the same.
Sec. 5. When the commissioners of the county of Stephen- Commission-
son deem it expedient to purchase said bridge, they shall have may°pu*rchase
the right to do so, by paying the said Clark, his heirs or as- bridge
signs, the value of said bridge, in current money of the Unit-
ed States, which value shall be ascertained by the valuation Value ofsame
of three disinterested appraisers, to be appointed by said
court, who shall be sworn to a faithful and impartial discharge
of their duties, as such appraisers; or if the commissioners of County com-
said county will proceed without delay and build a free bridge missioners or
at the place aforesaid, or if the people of said county, or any "J^j^^"^ Jf^J
number of them, will proceed without delay, and buiJd a/ree bridge
bridge across the Pickatonica river, at the place aforesaid, and
have the same completed within one year from and after the
passage of this act, ihey shall have the power to do so under
this act, and the said bridge, when so completed, shall be
and remain open and free for al' persons, and their property
wishing to cross the same, and shall be and remain a free
bridge to all intents and purnoses: Provided, That if the said Proviso
free bridge when so completed, shall remain out of repair for
six months at any one time, the privileges hereinbefore grant-
ed to John A. Clark shall be revived, and he may proceed to
the erection of the toll bridge aforesaid, (he same as if na
bridge had been erected by the ooommissioners, or the peo--
pie aforesaid: Provided, further, that casualties, or high water, Further pro-
or otherwise, shall not work a forfeiture to the people of said ^i^o
county, or commissioners hereinbefore offered to them, but
they may proceed immediately to repair the same.
Sec. 6. If any person or persons, shall wilfully do, or cause
to be done, any injury io said bridge, the person or persons injury done
so offending, shall forfeit and pay the said John A. Clark, his^° ^ ^^
heirs or assigns, double the amount of such injury or damage,
to be recovered before any justice of [the] peace having juris-
diction of the same.
28 LAWS OF ILLINOIS.
Bridge deem- Sec. 7. The said bridge shall be deemed a public highway,
ed public within the meaning of the laws providing for the punishment
of persons injuring, obstructing, or destroying public bridges
in any manner, or by any means whatever.
Approved, January 27, 1840.
Ib force, Jan. AN ACT to authorize the Auditor to enter a credit upon a judgment
27, 1840. against Robert Davis.
Preamble Whereas Robert Davis, of the county of Pike, did at the
December term, one thousand eight hundred and thirty-
eight, of the Supreme Court, as one of the securities of
James Davis, late clerk of the county commissioners' court, of
said county of Pike, confess judgment, in favor of the State
of Illinois, for the sum of two thousand four hundred and
eighty dollars; and whereas the Legislature at its last ses-
sion made an appropriation to the county of Scott, of two
thousand dollars, to be expended in making improvements
upon the State road, between Winchester and Florence;
and whereas one thousand dollars of said appropriation is
yet due and unpaid, from the State to the said county of
Scott; and whereas the said Robert Davis, for the purpose
of enabling him to meet his aforesaid liability to the State.
took a contract from the county of Scott, upon the road
aforesaid, and has performed work thereon to the amount
of one thousand seven hundred and sixty-three dollars; and
whereas the said Robert Davis has an order from the
county commissioners' court of Scott county, for the one
thousand dollars now due from the State upon the appro-
priation aforesaid; and whereas, the said Robert Davis, is
anxious to apply said one thousand dollars as a credit upon
the judgment aforesaid: Now therefore,
Sec. 1 . Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That the Auditor of
Duty of Audi- Public Accounts, is hereby authorized and required, upon the
^^^ said Robert Davis delivering to him an order from the coun-
ty commissioners' court of.Scott county, upon the Fund Com-
missioners of this State, for the sum of one thousand dollars,
to epter a credit of one thousand dollars upon a judgment
rendered against said Robert Davis, in favor of the state of
Illinois, at the December term, one thousand eight hundred
and thirty-eight, of the Supreme Court, for the sum of two
When credit thousand four hundred and eighty dollars; and when such cred-
13 entered all ^|- jg g^ entered upon said judgment, all claim which the coun-
co^y^to cease ^J of Scott now has upon the State for the appropriation of
two thousand dollars, made to said county, at the last session
of the General Assembly, shall cease, and the one thousand dol-
lars of said appropriation, which now remains unpaid, instead
of being paid to the said county of Scott, shall be paid into
the Treasury of this State.
Approved, January 27, 1840.
LAWS OF ILLINOIS. ^9
AN ACT attaching a portion of Tazewell county to Logan county. In force, Jan.
27, 1840.
SfiC. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That all t'lat portion of
Tazewell county, embraced in the following limits, viz: Be-
ginning at the south east corner of Township No. twenty-one P^" of Taze-
north, range No. two west, of the third principal meridian, ^pJ^^j^Jj ''^^"
thence north seven miles, to the north east corner of section Logan county
thirty-six, township twenty-two, thence west, along the sec-
tion lines, eighteen miles to the north west corner of section
thirty-one on the range line, between ranges four and five, 4
township twenty-two north, thence south seven miles, to the
corner of Logan county, thence east, along said county line,
to the place of beginning, is hereby added to, and hereafter
shall be a part of the county of Logan.
Sec. 2. That hereafter, at all general or special elections. Parts set off to
the portion of Tazewell county so added shall vote with vote with Lo-
the county of Logan. ' S^" ^°""'y
Approved, January 27, 1840.
AN ACT to change the name of the "Kaskaskia Insurance Company." In force, Jan,
31, 1840.
Sec 1. Be 'it enacted by the People of the State of Illinois,
represented in the General Assembly, That the "Kaskaskia In-
surance Company," incorporated by an act, entitled "An
act to incorporate the Kaskaskia Insurance Company;" ap-
proved March 1. 1839, shall hereafter be known by the name -^ ^ ,
and style of the "Insurance and Trust company' of Illinois," style
and by that name and style, shwll have all the powers, privi-
leges, and advantages granted to the aforesaid Kaskaskia
Insurance Company by the act aforesaid.
Approved, January 31, 1840,
AN ACT to change a part of the State road leading from Griggsville to In force, Jan.
Quincy. 31, 1840.
Sec. 1 . Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That so much of the State
road from Griggsville, layingjbetween Henry Brown's and the
Adams county line, be vacated, and hereafter, that part ofPartofroad
said road shall be located on the ground now travelled, and '^'^'^^'^'^
the now travelled road between the said points, as well as „ ,
from the point where said road intersects the county line,
till it intersects the road as lately laid out, shall be part of
said road, and be kept in repair as required by law.
Approved, January 31, 1840.
31) LAVVtS OF ILLINOIS.
In force, Jan . AN ACT to amend an act eutitled "An act to provide for the dedication of
31, 1840. lots in the towns situate on canallands to public purposes." Approved,
February 2dth, 1839.
Preamble WiiEiiEAs some of the congregations and religious societies
in towns laid oft" by the Board of Commissioners of the Illi-
nois and Michigan Canal, have erected churches on lots in
such towns, parts of which are held by individuals, and the
act entitled "An act to provide for the dedication of lots in
towns situated on canal lands, to public purposes," approved
February 2Sth, 1S39, does not authorize said Canal Commis-
* sioners to divide such lots, and donate to such religious so-
cieties and congregations a part of such lots; therefore.
Sec. I. Be it enacted by the people of the State of Illinois^
represented in tne General Assembly, That the Board of Com-
Com'rsof ca- missioncrs of the Illinois and Michigan Canal be, and they are
"^'^°,?^V^'°'^ hereby authorized under the act to which this is an amend-
to religious •', , 1 ■ , 1. • • • 1
societies ment, to donate and give to religious societies and congrega-
when so re- tions whcn they may request it, a part of any lot, in lieu of
quested ^j^g whole, which by said act they are authorized so to do-
nate, to hold, use and occupy the same for the purposes and
on the conditions in said act mentioned.
Sec. 2. That when any person shall have been the purcha-
ser from the State or the assignee of any such purchaser of
any portion of any such lot, another part of which is claimed
by any religious society or congregation unJer the act to
v/hich this is an amendment, the said Commissioners shall give
Title to lots to such purchasers, his or her assigns, a certificate of purchase
for such portion of such lot, held by him or them, upon his or
their compliance, with the terms of an act entitled "An act for
the relief of purchasers of canal lots and lands," approved
JMarch 2, 1839, at a price which such part of said lot shall
bear in value to the amount due the State on the whole of
such lots.
Appiioved, January 31, 1840.
In force J;ui. AN ACT concerning attachments,
31, 1840'.
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That hereafter when any
attachment shall be placed in the hands of any sherift' or other
Officer may otiiccr, and the defendant shall be in the act of absconding
jiursue deibn- with his goods, and eftects. it shall be lawful for such officer to
dant to any pm-^^g ^[-y^^ ^.^^^^ defendant into anv county of this State, and to
count\' m the ^ , , , i ' , , "^ i ,- ■ i i r i .
Stare ievy upon and take the goods and chattels oi said dclendant
back to the county from which said attachment issued, any
law to the contrary notwithstanding.
Approved, January 3l, 1840.
LAWS OF ILLINOIS. ^ 31
AN ACT to amend "An act concerning attachments,'" approved, February In force, Jan.
12th, 1833. 31, 1840.
Sec. L Be it enacted by the people of the State, of Illinois^
represented in the Ganeral Assembly, That all the provisions of
the act entitled "An act concerning attachments," shall extend How far at-
to one or more joint debtors, so that in all cases, when two ortachment law-
more persons are jointly indebted, either as joint obligors, part- ^'^^'^ extend
ners, or otherwise, and an affidavit shall be made in pursuance
of the provisions of the said act, so as to bring one or more of such
joint debtors within the provisions of the same, and amenable
to the process of attachment, then the writ of attachment shall '
issue against the property and effects of such joint debtors, so
amenable as aforesaid, and shall direct the sheriff^ to summons
all of the said joint debtors to answer to said action.
Sec. 2. The court out of which such writ shall be issued,
shall proceed in relation to such joint debtors, and so much of
their lands, rights, credits, money and effects, as may be at-
tached in the same manner as pointed out in the act to which
this is amendatory.
Appkoved, January 31, 1840.
AN ACT to incorporate the Middlesex Steam Mill Company . In force, Jan .
31, 1843. t
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General assembly. That Seth Washburn,
Mathias Mason, Robert Easton, and such other persons as
shall become subscribers to the stock hereinafter mention-
ed, shall be and they are hereby constituted a body politic Body politic
and corporate by the name and style of the Middlesex Steam and corporate
Mill Company, from and after the passage of this act; and
by that name, they and their successors shall, and may have
succession for the term of thirty years from and after the Term of char-
passage of this act, and shall be capable of suing and being '^'"
sued, pleading and being impleaded, answering and being powers
answered, in all courts, and places whatsoever; and they and
their successors may have a common seal, and they shall, in
law, be capable of purchasing and holding real estate for the
purposes and objects of said corporation: Provided, That the ProvisD
personal property of each stockholder be bound for the con-
tracts of such corporation.
Sec. 2. That the capita! stock of said corporation shall be Capital stock
six thousand dollars, with power in the company to increase ^M0(>, may
said stock to fifteen thousand dollars, if they shall deem it ^^^"s'ojT'^
necessary; that said capital stock chall be divided into shares
of twenty-five dollars each, and that the above named corpo-
ration have power to open, and keep open, books for subscrip-
tion to said stock.
Sec. 3. That the said company are hereby empowered to Further pow-
erect and conduct a grist mill and such other machinery to '-''"^
32
LAWS OF ILLINOIS.
be propelled bj steam, as they may deem necessary, and
that they have power to make by-laws, and such other regu-
lations for managing said affairs as are just and necessary:,
Provided, said mill and machinery be erected at or near Half-
day post office, in Lake county.
Time to build ^^^* '^' '^^^^^' ^'^^ above named corporators be allowed two
suil], &LC. years from and after the passage of this act, to construct and
erect said mill and machinery, and if said mill be not in opera-
tion within said time, this act shall be void and of no eflfect.
Approved, January 31, 1840.
In force, Jan.
31, 1840.
Inhabitants
maj' become
incorporated
AN ACT to incorporate Georgetown in the county of Randolph.
Sec L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the inhabitants of
the town of Georgetown in the county of Randolph, be, and
tiiey are hereby authorized, and empowered, to become in-
corporated in the manner and upon the terms prescribed in
the act, entitled An act to incorporate such towns as may
wish to be incorporated, approved February 12, 1831; not-
withstanding, there may not be one hundred and fifty inhabi-
tants in said town: and upon complying with the provisions of
the act aforesaid, the inhabitants of said town, and the Presi-
cise, fandj enjoy all the rights, privileges, and powers grant-
ed and conferred by the act above recited.
Approved, January 31, 1840.
In force, Jan . AN ACT to vacate the town plat of the town of Washington.
31, 1840.
Sec. 1. Be it enacted by the People of the State of Illi-
nois, represented in the General Assembly, That Thomas S.
Garvin and Robert McClellan, proprietors of the town of
Washington, lying in the county of Fulton, and situated on
the west half of section twenty-four, in township three
Plat may be ^'^^^^^ ^f range one east, of the fourth principal meridian,
vacated be, and they are hereby authorized to vacate the survey and
Proviso plat of said town of Washington: Provided, said Thoms S.
Garvin and Robert McClelland, the proprietors of'said town,
shall first in writing, duly signed, sealed, and recorded, in the
Recorder's office of said county, signify their consent thereto:
And provided also, That vacating the survey and plat of said
town, shall not interfere with the vested rights of .-ny person
or persons, who may have purchased lots in said town, of the
proprietors or others.
Approved, January 31, 1840.
LAWS OF ILLINOIS. W
AN ACT [supplemental to an act] to incorporate the town of Bloomington . In force, Jan.
31, 1840.
Whereas, hy an act of the General Assembly, of the State Preamble
of Illinois, approved March 2, 1839, entitled "An act to
incorporate the town of Bloomington," it is provided that
said town be incorporated, as a body corporate and politic,
in the manner therein provided: And whereas, by the
neglect of the citizens of said town, to avail themselves of
the provisions of said act, in becoming so incorporated, said
act has become null and void: Now therefore,
Sec. L Be it enacted by the People of the State of Illinois,
repi'esented in the General Assembly, That said act be, and is
hereby revivod, and continued in full force and operation. Act revived
any provision of the same to the contrary notwithstanding.
Sec. 2. Be it further enacted, Thdit <x\. any time heicafler,
it shall be competent for any number of freeholders of said
town, not less than ten, to post up notices of an election, giv- Notice of elec-
ing at least ten days previous notice, to vote for or against ^^""^
incorporating said town, under the provisions of said act, and
if it shall appear that a majority of the qualified voters are
in favor of the same, it shall be incorporated immediately
thereafter by the election of officers, as therein provided; any
thing in said act concerning the mode of incorporating, to the
contrary notwithstanding: Provided, /iozoei>er, That any failure Proviso.
or failures so to incorporate, shall not work a forfeiture of
said act, or prevent further or repeated efforts by election,
to incorporate said town.
Sec. 3. This act to be in force from and after its passage.
Approved, January 31, 1840.
AN ACT to amend an act entitled "An act to incorporate the Union Agri- j^, force Jan.
cultural Society ." 3] 1840.
Sec 1. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly, That section No. five, of Sec. 5 of act
the act of incorporation of the Union Agricultural Society, be ^'^°""^'i
annulled, and the following be inserted as the fifth section, to
wit:
"Said Commissioners, or a majority of them, may open Substitute
books for subscriptions to said capital stock at such times and
places as they may think best, by advertising the same at least
fourteen days previous in two or more of the newspapers pub-
lished in said counties, and may close the same at pleasure, and
may appoint committees to receive subscriptions, and abrogate
the same, or any of them, at pleasure: and any subscriptions
that have been or may be made under the direction of the
commissioners, or the committees by them appointed, or to be
appointed, are hereby legalized and made valid."
Sec 2. That section No. seven of said act be also annulled, Sec. 7 annul-
and the following inserted as the seventh section, to wit: led
3
34 LAWS OF ILLINOIS.
Sec. inserted "If the subscriptions to the capital stock shall exceed ten
in heu. thousand dollars, the commissioners may apportion the same
among the subscribers thereto, or increase the capital stock
from time to time, to any amount less than thirty thousand
dollars."
Sec. 8 set a- Sec. 3. That section No. eight of said act be also annull-
siile ed, and the following inserted as the eighth section, to wit:
What in place "Said commissioners shall continue in office during the
of pleasure of the trustees, and when removed, the powers
vested in them shall vest in and may be executed by the trus-
tees."
Sec. 4. That the words "which election shall be annually"
Sec. 11 made at the end of the ninth section, and all of section No. eleven,
void be also annulled, and the following be inserted as the eleventh
section, to wit:
Sec. in place "The trustees hereafter shall be elected at such times as
of may be provided in the by-laws, and shall hold their offices
until others are elected in their places, and notice of the time
and place of holding such election, shall be given by the Se-
cretary, by advertising the same at least fourteen days pre-
vious, in two or more of the newspapers published in said
counties."
Insertion in Sec. 5. That after the words ''a treasurer," in the fifteenth
I5th sec. section of said act, the following be inserted to wit: (of whom
they may require bonds in a sum sufficient to insure the faith-
ful discharge of his duties;") and at the end of the same sec-
Words added tion, the following be added, to wit: "They may also establish
or connect with this society branches or auxiliary societies,
of like characters, in the counties of La Salle, Will, Cook,
McHenry and Kane.
Sec. 6. That if this society shall be organized within one
Privileges and year from the passage of this act the privileges and benefits of
benefitsofact, ^]^q original act of incorporation, and of this amendment, shall
now secured , P i i i ^ •>.
be, and are hereby secured to it.
Sec. 7. The society incorporated by the act to which this
is an amendment, shall exist as a corporate body no longer
Term of char- than the period of twenty years from the passage of this
'^' act.
Approved, January 31, 1840.
In force Jan. ^^ ACT providing for the binding of the Laws and Journals.
31, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly^ That hereafter, until the
Aud'r, Sec'y Legislature shall otherwise direct, that the Auditor of Public
^°dj""e^s"i'e'" Accounts, Secretary of State, and State Treasurer are hereby
forpubHc'"'^^'^^4"^^'^^ ^^ contract with a Book Binder or Binders, on or he-
binding fore the first of September, before the meeting of each Legis-
lature. And it shall be the duty of said Binder or Binders, to
LAWS OF ILLINOIS. 35
bind all acts or laws that may be passed, or ordered to be
bound: and to fold, stitch, cover with blue paper, and cut the style ofbind-
edges of all Journals that may be published; and the saiding
Binder or Binders shall receive for their services the following
prices, (viz:) for binding laws, leather backs and paper sides,
when the number of pages does not exceed one hundred and
fifty, at the rate of twenty cents per hundred pages, that each Prices for
volume may contain: acts or laws, over one hundred and fifty
pages, at the rate of fifteen cents per hundred pages each
vohime contains: and in case of a revision of the law^s,
the said Binder or Binders are to furnish leather and full bind,
with leather covering (law form,) in a substantial, workman-
like manner, all such laws as may be ordered to be bound, for when addi-
which there shall be added fifteen cents over the price of the tional price
half binding ibr each and every volume so full bound: and for^^y be paid
doing up the Journals as above specified, there shall be allow-
ed at the rate of six cents for every one hundred pages each
volume may contain.
Sec. 2. It shall be the duty of the Public Printer or Prin- Duty of Pub-
ters to deliver to the Public Binder or Binders each form of ^^'^ Printer
the Laws and Journals, dry and in good order, as fast as they
are printed; and after the last form of the laws is so printed
and delivered, the said Binder or Binders shall bind and de-
liver to the Secretary of iState one thousand copies of the
laws in fifteen days, and at the rate of one thousand copies -p^j^^ ^^ ^^^j.^
every twelve days afterwards, (Sundays excepted), Alsftj af- very of books
ter the last form of the Journals are delivered to said Binder '^°"°d
or Binders, they shall do them up as above specified, and de-
liver at the rate of one thousand copies every ten days, (Sun- Exception.
days excepted.)
Sec. 3. It shall be the duty of the Public Binder or Bin- Binders to
ders, to give bond with sufficient security, to be approved of ^g^^^^^"" '^ ^"'^
by the Governor, in the penal sum of one thousand dollars for
the faithful performance of his or their contract, agreeable to
this act. And a failure on the part of the public Binder or Bin-
ders shall subject him or them to a forfeiture of six per cent, per Forfeiture of
week on the whole amount of their contract. 6 per cent.
Sec. 4. That on the fulfilment of the contract for binding
the Laws, as also on the fulfilment of the contract for doing
up the Journals, the Secretary of State shall certify the fact Duty of Secre-
to the Auditor, who shall issue his warrant on the Treasurer, t^'"! &■ -A-"di-
for the sum due such Binder or Binders; which sum shall be
paid out of any money not otherwise appropriated. All acts
and parts of acts heretofore passed upon the subject of Pub-
lic binding, be, and the same is hereby repealed. This act Acts repealed
shall take effect from and after its passage ^ but is in no wise
to interfere with the binding of the present session.
Approved, January 31, 1840.
36 LAWS OF ILLINOIS.
In force, Jan. AN ACT to incorporate the towns therein named .
31, 1840.
Sec. L Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That the inhabitants of the
McLeansboro t^wn of McLeansboro' in Hamilton county, the inhabitants of
Fairfield the town of Fairfield, in Wayne county, the inhabitants of the
Scottsville town of Scottville, in Macoupin county, and the inhabitants
Mackinaw of the town of Mackinaw, in Tazewell county, be, and they
are hereby authorized to beconie incorporated, under the
general incorporation law, notwithstanding said towns may
Proviso. not contain one hundred and fifty inhabitants: Provided, said
corporators are not compelled to work the public highways
more than one half mile from the centre of said corporation.
Sec. 2. This act to be in force from and after its passage.
Approved, January 31, 1840.
In force Feb. -^^ ACT to amend the law in relation to change of Venue.
1, 1840.
Sec. L Be it enacted hy the people of the State of Illinois,
represented in the General Assembly^ That whenever any ap-
peal shall be depending in any of the circuit courts of this
State from any assessment of damages for land or other pro-
perty taken under the authority of any law of this State for
Appeals,when the use of any rail road, canal, turnpike or any other high-
taken way, or for any purpose whatever, it shall and may be lawful
for the people, or county, or other corporation, or person for
whose use such land or other property is to be taken, or
the person conducting the appeal in their behalf, or for the
claimant or claimants, or his, her, or their agents, or attor-
ney at law, or attorney in fact to file, his, her, or their affida-
vit in writing, stating that he, she, or they verily believe that
a fair and impartial trial of said appeal cannot be had in the
court where said appeal is depending; on account that either
the Judge of the court, or the People of the county, are in-
terested or ])rejudiced against the cause of the party on whose
behalf said application is made, or in favor of the cause of the
other party, or for or against the parties as aforesaid.
Sec 2. On filing such affidavit it shall be the duty of the
Change of ve- court to change the venue of said cause to some convenient
^^^ county to which objections shall not be made by similar affida-
vit. And said appeal shall be dockited and tried in the court to
which the venue thereof is changed, in the same manner as if
it had been originally instituted there.
When objec- Sec. 3. That if any objection shall be taken to any such
lion is niadcappef^l q^ account of any defect in the appeal bond, such ob-
Proviso?^ jection shall not be sustained: Provided, the appellant, his,
her, or their agent or attorney shall enter into, and acknowl-
edge such bond, with sufficient security as may be approved
by said court.
Approved, February 1, 1S40.
LAWS OF ILLINOIS. 37
AN ACT to incorporate Shiloh College. In force, Jan.
8th, 1840.
Sec. I. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That James Gillespie, g^jy ^0,,.
James Bradley, John Moore, Benjamin F. Bradley, John Bar-porate.
row, William Pike, Richard Bradley, Arthur Cross, William
Bradley, and John B. Burke be, and they are hereby created,
a body corporate and politic, by the name and style of the g^^j™^
"President and Trustees of Shiloh College;" and by that name
and style to have perpetual succession: the said institutioH Object,
being designed to promote the- cause of education and im-
provement in literature; and to be located in the county of Location.
Randolph.
Sec. 2. The corporation hereby created shall have power Po^ers.
to make and execute- all necessary contracts for the promo-
tion of the cause of education, and improvement of literature
in said institution; and to purchase and hold such personal
property as may be needful in advancing the ends of its crea- -^[^^ j^^j^
tion; and may purchase and hold, for the use thereof, any land,
quantity of land not exceeding eighty acres. The said cor-
poration may sue and be sued in its corporate name; plead Common seal
and be impleaded; may have a common seal, and make by- ^ ..
laws for its regulation, not inconsistent with the constitution
dnd laws of the United States or of this State.
Sec. 3. A majority of the trustees shall form a quorum to Q"orum
do business; and shallhave authority to elect a President and x^ -^ . j
, , ' ~ 1 •' ^ -I ,1 rresidentand
such other oiiicers as may be necessary to prescribe the course other officers
of studies to be pursued; to fix the rate of tuition; to appoint
a preceptor and such officers and assistants as they may con-
sider the interest of the institution requires.
Sec. 4. A majority of the board of trustees may fill any vacancies
vacancy which may occur in the board, from death, removal, how filled
resignation, or otherwise.
• Sec. 5. The said institution shall be open to all religious To be open to
denominations; and the profession of no particular religious ^
faith, shall be required either of officers or pupils.
Appkoved, January 8, 1840.
AN ACT to chanere the name of the town of Columbus, in the county of^"^ ^^^?,jfT
^ Randolph. Jan. 1840.
Sec. L Be it eyiacted by the People of the State of Illinois, ^-.^^^^^^
7-epresenied in the General Assembly, That the name of Co- changed to
lumbus, in Randolph county, be, and the same is hereby Sparta,
changed to that of Sparta.
Approved, January 8, 1840.
38 LAWS OF ILLINOIS.
In force, 8th AN ACT to authorize the county court of Lawrence county, to build a
Jan. 1840. bridge across the Embarrass River.
Sec. L Be it enacted by the people of the State of Illinoisy
represented in the General Assembly, That the county commis-
Bridge at sioners' court of Lawrence county be, and they are hereby,
Lawrence- authorized to cause to be erected a bridge across the Embar-
^^ ^' rass River, at the town of Lawrencevilie, on a direct hne with
either of the two streets that run north from tlie public square
in said town. Said commissioners shall agree upon a plan of
Location. g^id bridge, and cause the same to be recorded; they shall cause
a correct description, in writing, of the plan of said bridge, to
Plan of |je posted up in the Clerk's office of said county, at least twen-
"'ge. ^y Anj^ previous to letting any contract for the erection of
said bridge; and shall cause written notices to be put up in at
Notice be- least six of the most public places in the county, for a period
fore contract. ^^ ^^^ j^g^ ^j^^^^^ ^^^ month before entering into any contract
lor the materials or erection of said bridge, stating therein, that
they will let to the lowest responsible bidder, at the court house
in said town, on a day to be agreed upon by them, contracts
for the delivery of the necessary materials, also, contracts for
Proviso. the masonry and carpenters' work of said bridge: Providedy
That, in making contracts, said commissioners shall take a bond,
payable to the county of Lawrence, with security, to be ap-
proved of by them, for the faithful performance of such con-
tracts, by the person or persons who may undertake the same,
and within such time as shall be agreed upon: And provided,
further, That, in no case, shall ihe commissioners make any
payment to any person engaged in the said work, which shall
exceed two-thirds of the value of work then performed, until
the conti-act shall be completed, and received by the commis-
sioners.
Sec. 2. The said building, when erected, as aforesaid, shall
Bridge to \^q^ ^^-^^ forever remain, a public bridge, free to the passage of
aiid^liept" in ^^ persons, and their property, at all t"mes, and without any
repair. charge whatever; and the county commissioners* court of Law-
rence county shall cause the same to be kept in good repair,
to afford a safe passage to all persons and their property.
Navigation Sec. 3. Nothing in this act shall be so construed, as to au-
ofriver notto tiiorize the said commissioners to obstruct the navigation of
1)3 obstructed. -j- -ji-xi n j. iii_,
said river, with either flat or keel boats.
Approved, January 8, 1840.
In force, 8th
Jan. 1840- AN ACT to amend "an act to establish the county of Hardin, approved
2d March, 1839."
Sec. L Be it enacted by the People of the State of Illinois,
Boundaries represented in the General Assembly, That all that part of the
of the county territory ot Pope county, as it stood previous to the passage of
of Hardin. the law to which this is an amendment, which is comprised
LAWS OF ILLINOIS. 39
within the following limits, shall constitute the county of Har-
din, that is to say: beginning on the Ohio river, at the point
where a line, dividing sections thirty-four and thirty-five, in
township twelve, south of range seven east, running south,
would strike the Ohio river; thence, due north with the sec-
tional line to the Gallatin county line; thence, east two miles;
and thence, southeast along the line dividing Pope and Gal-
latin counties to the Ohio river: thence, with the Ohio river,
to the place of beginning.
Sec. 2. The said county of Hardin shall have jurisdiction J'lvisdiction
of all the territory included within the said limits, as well as ° '^°""^y-
all jurisdiction which, of right, belongs to the State of Illinois,
upon so much of the Ohio river as forms the river boundary
of said county of Ho rdin.
Sec. 3. That it shall be the duty of the county commission- co"iSrs°of
ers of the county of Pope, to pay over to the county commis- Pope county,
sioners' court of Hardin county, a fair proportion of the money p,.opo,.tjoj,
received by said county of Pope, from the State under the of Internal
Internal Improvement law; also, a fair proportion of the Improvement
school fund, according to the population of Pope and Hardin °io"^J-
counties, in the year one thousand eight hundred and forty, to School fund.
be ascertained by the census of that year.
Sec 4. That immediately after the passage of this act. Election to
the oldest justice of the peace, within the limits of ihe^^.^'lT'^,^^
^ TT 1. ,11 1 1 • .1 1 1 1 • .1 oldest Justice
county of Hardm, shall order an election to be held in the of Peace for
several places of holding elections in said county, for a she- co. officers,
riff, coroner, and three county commissioners, and a commis-
sioners', clerk, and all other county officers elective by the
people, for said county of Hardin; whose powers and duties
shall be the same as other sheriffs, coroners, and county com-
missioners of other counties. The notice for the elections Notice for
aforesaid, shall be given three weeks before the time of holding ^ ^^^^°°-
it, by posting up, at three of the most public places in said
county of Hardin, a notice thereof; and it shall be the duty
of said justice giving the notice aforesaid, to receive the polls,
count the votes, and declare who shall have been elected
sheriff, coroner, and county commissioners of said county of
Hardin.
Sec. 5. Said sheriff, coroner, and county commissioners, so Term of of-
elected, shall continue in office until the next general election. ^^^^"
Sec. 6. It shall be the duty of the county commissioners p||.^f^Q^_
first to be elected, to appoint a day for an election, to be held missioners
at the several places of holding elections within the limits of
said county of Hardin, for the purpose of choosing the per- Election for
manent seat of justice of said county; and if no one place ^^^g
shall have received a majority of all the votes given, then it
shall be lawful for the legal voters to meet at the place or
places of holding elections, in ten days thereafter, and then
and there select and vote foi" one of the two places only,
heretofore voted for, having the two highest number of all
the votes where the county seat shall be located; and that
40 LAWS OF ILLINOIS.
place, having a majority of all the votes given, shall be the
permanent seat of justice for said county of Hardin.
Sec. 7. The county commissioners of Hardin county are
Appropria- hereby authorized to appropriate, for public improvements,
tion for public the amount of money which said county is to receive from
improvements ^^^^ county commissioners of Pope county under the Internal
improvement law, as provided in the third section of this
act.
faXd To' 3d ^^^- ^' ^^^'^ ^^^^ county of Hardin shall belong to the third
Jud. circuir judicial circuit; and the limes of holding the circuit courts of
said county, shall be as follows, to wit: on the Thursdays be-
din'"' courts' ^^'''^ ^^^ sccond Mondays in March, and the fourth Mondays
Proviso in August: Provided, That no term of the circuit court of said
county of Hardin shall be held until the fall term of said court,
as herein provided; that all suits now pending in the Pope cir-
cuit court, in which citizens of Hardin county are concerned,
Suits in Pope or to be commenced, by or against citizens of Hardin county,
circuit court pnor to the next March term of the Pope circuit court, shall
be tried in said Pope circuit court; and that the said circuit
court of Pope county have full and complete jurisdiction of
all matters, whether civil or criminal, which pertain to the
said county of Hardin, as it had prior to the passage of an act,
entitled "An act establishing the county of Hardin, approved
March 2, 1839," to which this [is] an amendment, until after
the March term, next ensuing, of the said Pope circuit court.
Laws re- Sec. 9. All laws, or paris of laws, coming within the pro-
pealed visions of this act, are hereby repealed.
Approved, January 8, 1S40. i
In force 8th ■'^N ACT supplemental to "An act to authorize the county commissioners
Jan. 1840. ^o construct certain roads in Greene county."
Sec. L Be it enacted by the People of the State of Illinois,
Duties ^Q, represented in the General Assembly, That all the duties that
quired of com are required and directed to be done by the county commis-
missioners of sioners of Greene county, under "An act authorizing the coun-
to''1b" perfoi^- ^y <-ommissioners' court to construct certain roads in Greene
med by comr's county, approved March 2d, 1S39," if the county of Jersey
of Jersey had not been created, is hereby authorized and required to
county j^g done by the county commissioners of Jersey county, in re-
gard to the road from Jersey ville to the river in said county;
,, . ,. said county commissioners are hereby authorized and required
expetided ' ^^ expend the same amount of monoy, and in the same way that
the county commissioners of Greene county would have done,
if the county of Jersey had not have been created.
This act to be in force from and after its passage.
Approved, January 8, 1840.
LAWS OF ILLINOIS. ^ 41
AN ACT authorising an additional Justice of the Peace in the La Harpe In force, 8th
District, in Hancock county . Jan, 1840.
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That one justice of the
peace in addition to the one now allowed by law, shall be Additional
elected in the La Harpe district, in the county of Hancock, Justice for the
which Justice so elected shall reside in the town of La Harpe, Jj^^p^ °
in said district.
Sec. 2. The county commissioners' court of Hancock
county are hereby required, to cause an election to be held Time of
on the first Monday of April next, or as soon thereafter as election
practicable, and at each quadrennial election thereafter, for
one justice of the peace in said district in addition to those
now allowed by law.
The justice of the peace so elected, shall hold his office Term of of-
until the next general election for justices of the peace, and
until his successor shall be elected and qualified as in other
cases; and the Justice so elected, shall have the same juris- Jurisdiction
diction, and be governed in all respects by the same regula-°^ "®^^^^
tions as other justices of the peace.
Approved, January 8, 1840.
AN ACT to incorporate the Clinton Steam Mill Company.
Sec. L Be it enacted by the People of the State of Illinois M^^^^^^^^^^^
represented in the General Assembly, That Thomas Bond,
James Wightman, James Thompson and Benjamin Bond, and
their associates, successors and assigns, be, and they are here- ^^^J corpo
by constituted a body politic and corporate, by the name and
style of the "Clinton Steam Mill Company," for the more Name and
convenient owning and conducting a Steam Saw and Grist style
Mill, to be propelled by one or more steam engines, in the
county of Clinton, and the transaction of all the usual busi-
ness of companies engaged in the manufacture of flour, meal
and lumber, and the transportation and vending the same;
and the said corporation, by the said name, is declared, and
hereby made capable in law, to sue and be sued, to plead and
be impleaded, to have a common seal, and the same to alter po^^ei-a
and renew at pleasure, to make rules and by-laws, for the reg-
ulation and management of the said corporation, consistent
with the laws of this State; and generally to do and execute
whatever by-law shall appertain to such bodies politic: Pro- Yxoyiso
vided, That nothing herein contained, shall be considered as
conferring on the said corporation any banking privileges, but
thsy shall be exclusively confined to the operations necessary
for carrying on the business consequent upon the running and
corducting of steam mills.
Sec. 2. The said corporation shall have the right to hold,,^^^™°^"^^^^^
possess and enjoy, any quantity of land, not exceeding six hun- held
42
LAWS OF ILLINOIS.
dred and forty acres, and the whole amount of capital stock
Capital stock, shall not exceed in value thirty thousand dollars, and shall be
howemployed di^i^jg^ jn^Q ^^6 hundred shares of three hundred dollars each;
which capital shtU be employed in purchasing and holding the
lands aforesaid, and in procuring, constructing, employing and
using buildings, machinery, teams, tools and utensils, and all
things necessary and proper for the manufacturing of meal,
flour, and lumber, and transportation and sale of the same; and
the purchase of corn, wheat, timber and other materials for the
successful prosecution of the object of the company; every mem-
ber of the company shall have a certificate, under the seal of the
corporation, and made and altered in such manner and form, as
the by-laws shall prescribe, certifying his property in the share
or shares owned by him, and the stock of said company shall
in the nature of personal property, be assignable and trans-
ferable, according to such rules as the board oi directors shall
establish, and no stockholder indebted to the company, shall
to be transfer- be permitted to make a transfer or receive a dividend, until
!^'^_'^!-j^^'^'^^^ch debt is discharged, or security given for the same to the
satisfaction of the directors.
Sec. 3. For the managing of the affairs of the said corpo-
ration, there shall be chosen from among the stockholders,
four directors, who shall hold iheir office for one year, or un-
til superseded by others, ten days previous notice shall
be given, by putting up written notices in five of the most
public places in the county of Clinton, (or by publishing in a
public newspaper whenever there shall be one published in
the county of Clinton.) of the first election for directors under
this act, and there shall be annually thereafter, a like election
for directors, in the town of Carlyle. In all such elections for
directors, each proprietor of a share in the capital stock shall
be entitled to one vote for each and every share held and own-
ed by him, which vote shall be given, either by himself in
person, or by his proxy duly authorized under seal, and a ma-
jority of the shares shall be necessary to a choice of directors,
or the transaction of any business which may concern the
company and come before the stock holders.
Sec. 4. A majority of the directors shall form a quorum to
transact business, and they shall meet within thirty days from the
time they shall have been chosen at Carlyle, and cho ")se by
ballot one of their number for President, who shall serve for
one year, or until superseded by a new election; and there
Annual elec- shall be annually thereafter,'a like election in the town of Car-
^^^^ lyle, by the said directors for the time being of a President
for the said corporation.
Secretary and The said directors shall also have power to choose and ap-
Treasurer, & point a secretary and treasurer, and such other officers and
agents to conduct and prosecute the business of the said cor-
poration as they shall deem necessary and proper, and p:-e-
scribe their duties from time to time in such way as said direc-
tors may think best. f
Stock trans-
ferable
Stock not
are paid
Directors,
how chosen
Notice of
election
Hovr each
share may
%'ote
Quorum to
do business
President
other officers
LAWS OF ILLINOIS. 43
The said directors shall cause to be kept, duly recorded in
books to be provided and kept for the purpose, minutes of all Minutes of
their proceedings, and regular accounts of all their transac- ['J°jj^g'^^g "^^
tions; as also minutes of the proceedings of the stockholders
at each of their meetings, which book may at any time be
inspected by any of the stockholders. The said directors shall
have power for good cause, to be spread at large, together
with the proof in support thereof upon the minutes aforesaid, 0^^^^.^^^^^^
to remove the President from office; they shall have power also be removed
to supply any vacancy which may occur in the office of Presi-
ident, or in their own body, and the president or directors
thus chosen, shall hold his office until the next succeeding
regular annual election for such office.
Sec. 5. The directors may from time to time, at any meet- Payment of
ing, assess and require payment of such sum of money not instalments
exceeding twenty per cent, upon each share of the capital
stock, as shall be judged by them necessary for the purposes of
the corporation, to be paid into the hands of the treasurer; and \
if after publication of notice in a newspaper, once a week for
two months, or by posting up wi'ittcn notices for the space of
two months by the secretary oi the boaid of the time of pay-
ment of any proportion or instalment of said capital stock, in Failure to
five of the most public places in the county of Clinton, if there pay iustal-
be no newspaper pubHshed in said county. Any stockholder J"^"'.^' ^''^p
» .,, , ^ 1 • . , I , . .1 ^- T > • I forfeit prevx-
iailing to pay his instalment, at the time specined in such no-Qus payments
tice, the amount paid by sueh delinquent stockholder previous-
ly, shall be forfeited to the company, and his stock may be ^tock may
sold to any person for such price, as may be agreed upon be-^*^ ^
tween said company and the purchaser.
Sec. 6. Dividends of the nett profits of the said company Dividends
shall be made at such time as shall be determined by the stock ^^"^ '"^^'^
holders in general meeting, which dividend shall be paid to
the person entitled to the same, on demand made, ten days^f dividends
after making and declaring such dividend. The declaring to be pub
and amount of said dividend shall be published once or more'ished
in a newspaper, should there be any printed in the county of
Clinton, and should there be no newspaper printed as afore-
said, then for four weeks successively, by keeping up printed
notices in five of the most public places in the county.
Sec. 7. The Treasurer of the Company within thirty days T/easuroMo
after his appointment shall enter into bonds for the faithful ^^^^
discharge of his duties, in such amount as shall be designated
by the Board of Directors, and with such securities as said
Board may approve; and all monies accruing to the company
and falling into the hands of said Treasurer, shall be by him
safely kept and disbursed for the uses of said company as al-
ready provided for, and in accordance with the by-laws of
said company, not conflicting with any of the provisions of
this act.
Sec. 8. The stock of said company shall be deemed per-
sonal estate, and pass as such to the legal representatives of
44
LAWS OF ILLINOIS.
Proviso
Real estate
may be sold
Proviso
Terra of
charter
each stockholder: Provided^ That the real estate which may
be held by said corporation shall be sold and conveyed when
they may think proper so to dispose of it, according to the forms
and in the manner prescribed by law for conveying real
estate, the President of the company making the acknowl-
edgment on behalf of the corporation : Provided^ also, that the
whole amount of real estate purchased by said corporation
during its corporate existence shall not exceed six hundred
and forty acres.
Sec. 9. Said corporation shall continue, and by the name
and style of the "Clinton Steam Mill Company" shall have
succession for and during the period of twenty years and no
longer.
Approved, January 8, 1840.
In force, 8th
Jan. 1840.
AN ACT to vacate the town plat of Shepherdstown.
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That so much of the town
plat of Shepherdstown, as lies within the county of Vermil-
Condition on ion. State of Illinois, shall be, and the same is hereby declared
which^plat^of yjj^g^|.g(j^ ypQj^ ^|-^g proprietor of said town making and filing
ted ' with the clerk of the County Commissioners' Court, of said
county of Vermilion, under oath, a statement in writing, set-
ting forth that he is the sole proprietor and owner of all the
lots embraced within the limits of said town.
Approved, January 8, 1840.
In force, Stli
Jan. 1840.
AN ACT to attach the county of Lee to the sixth Judicial District.
Sec. 1. Be it enacted by the people of the Slate of Illinois,
represented in the General Assembly, That the countj of Lee,
be, and the same is hereby attached to the Sixth Judicial
Circuit. This act to be in force from and after its passage.
Approved, January 15, 1840.
In force, 15th
Jan. 1840,
AN ACT to change the name of the town of Worcester, in Pike county'
to that of Barry.
Name of town ^*^^* ^' ^^ ^^ enacted by the People of the State of Illinois,
changed to represented in the General Assembly, That the name of the
Sarry town of Worcester, in Pike county, be, and the same is
hereby changed to that of Barry.
Approved, January 15th, 1840.
LAWS OF ILLINOIS. 45
AN ACT to vacate the plat of the town of Cottage Grove, in the county of In force,
Cook. January 15th,
1840.
Sec. I. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the survey and Plat vacated
plat of the town of Cottage Grove, in the county of Cook,
be, and the same is, hereby vacated: Provided, the assent of Proviso
the owners of any lots in said town, shall first be obtained,
which assent shall be made in writing, and recorded in the
recorder's office of Cook county. This act to take effect,
force from and after its passage.
Approved, January 15, 1840.
AN ACT to Icsralize the assessment of taxes in the county of De Kalb,
for the year 1839. ^ I" fo^f',
•' January 15th,
1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the assessment o^-J^^De^Kalb^'^
taxes in the county of De Kalb, shall be as valid to all intents for i839 le-
and purposes, as if it had been made as required by an act galized
concerning the Public Revenue, approved Feb. 26, 1839. .
Approved, Jan. 15, 1840.
AN ACT to authorrze Benjamin W. Pope and William Gasoway to build ^^3 ,
^ amill-dam. ^"/""""^'^ S'^
Jan. 1840
Sec 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Benjamin W.
Pope and William Gasoway be, and they are hereby au-Mill dam,
thorised to raise and continue a mill dam across Big Muddy, where built
on section, number tu^enty, township number seven, range
number two east of the third principal meridiam, in the
county of Franklin, to the height of ten ieet: Provided, The Proviso
said Benjamin W. Pope and William Gassoway own the
land on' which the same is to be raised; and. Provided, That Further pro-
the raising of said dam does not interfere with any mill dam viso
formerly built across said river; however, upon the follow-
ing conditions, to wit. That the State in no event, shall be Conditions
bound to pay any damages for removing said dam, and other
obstructions, shall it hereafter be necessary, for the purposes
of improving the navigation of said river.
Approved, January ISth, 1840.
46 LAWS OF ILLINOIS.
In force. 18th AN ACT to compensate certain witnesses-
Jan. 1840.
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That there be allowed
$2 per day for to each witness, summoned by the House of Representatives
attendance ^^ ^j^jg session of the General Assembly, the sum of two
dollars for each day such witness was compelled to attend,
$2 for 20 and two dollars for every twenty miles necessary travel, to,
miles travel ^nd from the Seat of Government. And the Auditor shall
issue warrants in favor of each individual, the number of
days and miles being sworn to, before any qualified person,
by the individual presenting such claim, or proved by any
Proviso credible witness: Provided, That witnesses, summoned while
at the Seat of Government, shall not be allowed mileage.
This act to be in force from and after its passage.
x\ppROVED, January ISth, 1840.
Citizens not
to vote for
In force, 18th AN ACT to amend an act, entitled "An act to increase the corporate
Jan. 1840. powers of the town of Chester.
Sec. 1. Be it enacted by the People of the State of Illinois,
rep)rese7ited in the General Assembly, That the provisions of
an act entitled, "An Act to increase the corporate powers of
the town of Chester," in force February the 12th, 1^39,
Justices in shall not be so construed as to authorise the citizens of the
precinct of town of Chester to vote for Justices of the Peace and Con-
^^^^^ stables, in the Justice's precinct in which said town of
Chester is situated.
Sec. 2. The Board of Trustees of said town shall have
erTof^Bo^nrP^^^'* *° appoint a Secretary, Treasurer, Assessor, Collector,
of Trustees Street Commissioner, and such other officers as the Trustees
may deem necessary, any thing in the eighth section of the
act to which this is an amendment, to the contrary notwith-
standing.
Approved, January 18th, 1840.
In force, 18th AN ACT to legalize the survey and relocation of part of a State road
Jan. 1840. therein named.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the survey and
relocation of a part of the State road, leading from Peoria,
Relocatlt>n of^^ Burlington, as made by Benjamin Tompkins, Kenner
road legalized Brent, and Matthew J. Cox, in Warren county, be, and the
same is hereby legalized, and the county ccmmissioners' court
of Warren county is hereby authorised to receive and record
Report to be the report in the same manner as though the survey and re-
recorded location had been made in conformity to the law authorising
the resurvey and relocation.
Approved, January 18th, 1840.
LAWS OF ILLINOIS. 47
AN ACT to amend an act, entitled "An act to vacate the survey and plat In force, 18th
of the town of Middleton. Jan. 1840.
Sec. I. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That instead of the name Name substi-
of John Newman, contained in said act, the name of Johntuted
Nawman, be substituted.
Approved, January 18th, 1840.
s
AN ACT for the relief of Lake county. In force, 18th
Jan. 1840.
Sec. 1. Be it 'enacted by the People of the State of Illinois,
represented in the General Assembly, That so much of the tax, Tax in Lake
levied by order of the county commissioners' court of Mc- J^^jJ^^^j^^^j^Jy*^
Henry county, as has been assessed on that portion of Mc- to be collect-
Henry county now forming Lake county, be legalized, and ed by Lake
the county commissioners of Lake county be authorised to^°""'^
appoint Collectors, and have the same collected for the use
of said Lake county, under the aforesaid assessment, made
by the commissioners of McHenry county, at their March
lerm, 1839.
Approved, January 18th, 1840.
AN ACT to lea-alize the assessment of taxes for the county of DuPasre- In force, 18th
Jan. 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the appointment Assessment
of Assessors, and the assessment of taxes in, and for the legalized
county of Du Page, for the year one thousand eight hundred
and thirty-nine, shall be as good and valid to all intents and
purposes, as if the same had been made at the periods directed
by the act entitled, "An Act concerning the Public Revenue,"
approved, Februry 26th, 1839, and that any person fcel-griev°d%e^"
ing aggrieved by the valuation of taxable property, may medy
apply to the county commissioners' court of the said county,
to be holden in March next, for such relief as is authorised
by the aforesaid act concerning the Public Revenue, and the
said court may then grant such relief as could have been
granted by law at the June term of such court.
Approved, January 18th, 1840.
AN ACT to authorize certain persons therein named to keep a ferry. In force, 18th
Jan. 1840,
Sec. 1. Be it enacted by the People of the State of Illinoisi
represented in the General Aesembly, That David W.
Matthews, Mark Aldrich, their heirs and assigns, are hereby
48 LAWS OF ILLINOIS.
Fevrj estab- authorised to establish and keep a ferry for the period of ten
years "^^ *^" years, across the Mississippi river from the town of Warsaw,
Location ^^ Hancock county, to a point at or near the mouth of the
Des Moins river, opposite said town.
Boat to be fur ^^c. 2. Said Matthews and Aldrich shall, within two
nished and years from the passage of this act, cause said ferry to be fur-
worked by nished with a good tight boat, worked by steam power, and
„ °^ sufficient for the safe and speedy transportation of all pas-
sengers, their teams, horses, cattle, and other animals, as well
as their goods and eflects; and said boat shall be furnished
with men of suitable strength and skill to manage the same.
Sec. 3. Said Matthews and Aldrich shall receive such
Rates of to]l rates, and sums of money, for crossing at said ferry, as are
now allowed, and taken for crossing between Warsaw and
By whatpow- the mouth of said river Des Moins, and in the management
erned ^ ^°^" ^^ ^'^^ santic, they shall be governed by the requisitions of the
act, entitled "An Act to provide for the establishment of
ferries, toll bridges, and turnpike roads," approved February
12, 1827.
x'\ppROVED, January 18th. 1840.
In force, 29th An ACT to amend "An act to incorporate the Beet Sugar, Silk and Vege-
Jan. 1840. table Oil Manufacturing Company, "approved February 27, 1837."
Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Assembly, That John B. Hundley,
Directors Benjamin F. Edwards, Justis Rider, Charles Howard and
William H. Rider, shall be directors of the Beet Sugar, Silk
and Vegetable Oil Manufacturing Company, until the first
Monday in February,1840, at which lime, and annually there-
Annual elec- after, five directors shall be chosen by the .stockholders of
tion said company; and if such election shall be made on the said
first Monday in February, 1S40, or within three months there-
after, the charter of said company shall not be deemed to have
been Ibvfcited by reason of any neglect to choose directors
heretofore.
Commission- Sec. 2. That Jacob Fry of Greene county, Lewis Roberts
ers to receive of Calhoun county, Ira Davenport, Alexander Brothers and
to callital °"^ Austin Broken brough, of Morgan county, are hereby appoint-
stockof Miss, ed commissioners, a majority of whom arc hereby authorized
and 111. canal to open books for the subscription to the capital stock of the
company Mississippi and Illinois Canal Company; and in all other
respects, to carry into effect the act incorporating said compa-
Failure to ny, according to its provisions; and that a failure, on the part
ties°h™l no't ^^'^ commissioners originally appointed in said act, to per-
work forfeit- form the duties required of them, shall not be considered as a
"re forfeiture of said charter.
Approved, January 29, 1840.
LAWS OF ILLINOIS. 49
AIN ACT to amend "An act incorporating the Calhoun Coal and Mining In force,
Company." Jan. 31, 1840.
Sec. L Be it enacted by the peoj)Ie of the Statu of Illinois,
represented in the General Assembly, That the stoclchoiders of
the Calhoun Coal and Mining Company may locate a portion Land may be
of the land authorised in the act to which this is an amend- located in
ment, in the county of jMonroe, with the privilege of build- ^^°"'"°^ *^°"""
ing a rail road from their coal mines to the banks of the Mis-/^_ .^^^,^^^
sissippi river, the right or way to be procured m the same build a raih-'d
manner as is now provided in the act to obtain the right of
way, and for other purposes, approved February 28, 1633.
Sec. 2. The capital stock of said company, at any regular Capital stock
meeting of the stockholders, may be increased to one hundred ^g^gp'^j /o '
thousand dollars, which capital, when paid in, shall have pow- $ioo,ooo
er to use their surplus capital in the same manner as is provid- Surplus capi-
ed in the act granted to the Illinois Insurance Company, ap-talmay be
proved March 2, 1839. '^'^'^•
Approved, January 31, 1840.
AN ACT to establish a ferry across Illinois river. jjj force
Feb. 1 1640
Sec. i. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That William L. May,
his heirs and assigns, be, and they are hereby authorized to
establish a ferry at the outlet of lake Peoria, and to run the
same from both sides of said outlet on the Illinois river, either
from any pubHc highway or from any lands or lots which are Location of
or may be owned by them. ^^^^'
Sec. 2. The said William L. May, his heirs and assigns,
shall, at all times keep a sufficient number of boats, hands,
oars and poles, to afford at all times a safe and speedy trans-
portation of ail triiveliers and other persons who may desire
to cross said river with their horses, wagons, carriages, and
other property; and the said ferry shall at r.ll times be sub-
ject to all the rules and regulajions, which now are or may
hereafter be provided by lavr, to regulate ferries in this
State.
Sec. 3, In consideration of the obligations hereinafter
imposed, the said William L. May, his heirs and assigns,
shall have the right of ferrying and receiving tolls therefor, at Tolls
the said outlet, for and during the term of fifteen years from
the first of February, 1840.
Sec. 4. The said William L. May, his heirs and assigns,
shall be authorized to receive the same tolls as are now al-
lowed by the county commissioners court of Peoria county,
at the ferry established at the said outlet of lake Peoria.
Sec. 5. The said William L. May, his heirs and assigns,
shall at all times during the existence of the privilege hereby
4
5) LAWS OF ILLINOIS.
Persons pass- granted, afford a free passage over said ferry, to all citizens
ing free of toll ^^ what IS now Tazeweli county, together Avith their horses,
carriages, wagons and other property, when going to or re-
turning from the town of Peoria, for the purposes of trade
with any of the inhabitants thereof, or for the purpose of con-
sulting or employing any physician or lawyer of said town
of Peoria.
Sec. 6. If the said William L. May, his heirs and assigns,
shall at any time after the provisions of this act takes effect,
demand or receive any toll or ierriage, from any citizen of
Tazewell county v/ho may desire to cross at said ferry, for
ihe purposes of trading or transacting business as aforesaid,
Penalty for ^^j ^.j-jq shall demand his exemption as aforesaid, he or they
dtizeL^of^° shall forfeit for every such ofl'ence to every such person, the
Tazewell sum of five dollars, to be recovered with costs before any
justice of the peace by action of debt.
Sec. 7. The license and privilege hereby granted, shall
be liable to be revoked by infoi'mation in the nature of a quo
ivarranto, to be filed in the circuit courts either of Tazevvell
Privileges or Peoria counties, if at any time hereafter the said William
maybe revok-L_ May, his heirs and assigns, shall fail to keep at said ferry
a sufficient number of boats, oars, poles, and hands, to afford
a passage to all persons with their property, who may desire
to cross said ferry with safety and reasonable, speed, or if at
any time he or they shall knowingly and wilfully fail or neg-
lect to comply wdth any of the provisions of this act.
Sec 8. The said William L. May, his heirs and assigns,
shall annually on the first day of September, in each and ev-
$50 to Peoria cry year, pay into the county treasury of the county of Pe-
county Qpja, the sum of fifty dollars for the use of said county, and
shall at the same time in each year, pay a like sum of fifty
350 town of dollars into the treasury of the town of Peoria, to be expend-
Peoria ed under the direction of the Trustees of said town in im-
proving so much of the State road leading from Peoria to
Springfield, as lies between the Illinois river and the top of
the bluff; and if at any time the said May, his heirs and as-
signs, shall fail to pay the above amounts for the space of one
1 month after the same shall become due, the license hereby
granted may be revoked as aforesaid.
Sec. 9. If any person or persons shall, by falsely repre-
senting themselves to be citizens of Tazewell county, and go-
ing to Peoria for the purposes of trade or the transaction of bu-
siness as aforesaid, procure a free passage across said river at
the ferry aforesaid, every srch person shall forfeit and pay
to the said William L. May, his heirs and assigns, the sum of
five dollars for every such offence, to be recovered by action
of debt in the name of the party aggrieved, before any jus-
tice of the peace having jurisdiction therein.
Sec. 10. The provisions of this act shall not take effect
Proviso. unless the said William L. May shall, on or before the first
day of April, 1840, file in the office of the clerk of the coun-
LAWS OF ILLINOIS. 51
ty commissioners' court of Peoria county, a bond with one or
more securities, to be approved by said clerk in the penal
sum of one thousand dollars, payable to the county aforesaid,
conditioned to perform all the duties required by this act.
Sec. II. The county commissioners' courts of the coun- , .
lies of Peoria and Tazewell, is [are] hereby inhibited from i,j,°estab]ished
granting any license, to keep a ferry at the said outlet of lake at outlet
Peoria, during the existence of this grant, but nothing in
this act shall be construed to interfere or prejudice any
rights already obtained.
Sec. 12. The trustees of the town of Peoria are hereby
authorized to expend, under their direction, the amount re-
quired by this act to be paid into the Treasury of said town
by the said William L. May, upon so much of the State road Part of road
leading from Peoria to Springfield, as lies between the river ^o°?P^oi'^i^''^
and the top of the bluff; also to cause to be expended any ^'^"^ ^
further sum or sums of money that they may think proper to
expend from time to time, upon that part of the said road.
Sec. 13. In addition to the amount required to be paid
by the said William L. May, by the provisions of the eighth
section of this act, he shall cause to be expended upon that
part of the Springfield and Peoria road, lying between the
Illinois river and the top of the bluff, the sum of fifty dollars |50 to be ex-
annually, for which he is to file his vouchers for the actual pendedby W.
expenditure, with the board of trustees of the town of Peo-^" ^^^^'
ria, on or before the first Monday in September, in each year.
Sec. 14. That so much of the eleventh section of the act
entitled "An act to extend the corporate powers of the town
of Pekin, approved February 23, 1839," as gives the county
commissioners' court of Peoria county the right to fix and re-
gulate the rates of ferriage over the Illinois river at said
town, be and the same is hereby repealed. Sec. repealed
Approved, February 1, 1840.
AN ACT authorizing commissioners' courts to alter, change, andjre-locate In force.
State roads. Feb. 1, 1840.
Sec 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly.^ That the county commis-
sioners' courts of the several counties in this State shall have
the control of, and jurisdiction over all roads in their re- Co'nty com'rs
spective counties, as well State roads located by State au- '« ^^J^ con-
ihority, as by the county, and may alter and relocate the^'^*^ ° '^^^ ^
same on application.
Sec. 2. That when any person or persons desire a change,
or re-location of any State road now located, notice of such
intended application shall be given, by setting up advertise-
ments in wriling, at least one in each road district, through
52 LAWS OF ILLINOIS.
which said road shall pass, and on the court-house door,
twenty days previous to the sitting of the court to which ap-
Pctition for: plication shall be made; and on petition of a majority of the
roads qualified voters of each road district, through which the road
shall pass, fairly obtained, the court shall appoint viewers, to
examine the rout, and make the location, and the proceed-
infjs thereafter shall be had as in cases of county roads: Pro-
Proviso, vided^ nothing in this act shall be so construed as to authorize
the re-location of any State road, unless the majority of the
qualified voters living immediately in th.e vicinity of such road
proposed to be changed, petition for such change; and depos-
ite with the county commissioners' clerk sufficient money to
defray the expenses of such review :ylnf/ pri. tided further^ no
change sliall be made unless the distance is shortened thereby.
Sec. 3. That when it shall become necessary to have a
road altered, or located at a county line, the same shall be
agreed on and settled by viewers, from each county, to be
Roads ending appointed by the counties immediately interested; and no
at co'y lines State road shall be altered at a county line, or elsewhere,
unless a majority of the viewers appointed, agree on such
change or location. All roads shall be surveyed, and a
plat with the courses and distances reported and recorded,
and the county commissioners' courts are empowered to es-
tablish the main leading roads four rods wide.
Sec. 4. In all cases where objecticn shall be made, and a
Remonstran- remonstrance presented to an alteration, or location of a road,
ces the court shall consider the same, and act according to their
best judgment for the public good: no power or authority is
hereby granted to change or interfere with the great W'es-
Exception tern mail rout, or the Darwin and Charleston turnpike.
Approved, Feb. 1, 1840.
In force -^^ ACT to Tacatc a State road in Pike countj, and for other purposes.
Feb. 1, 1840.
Sec 1. Be it enacled by the people of the Slate of Illinois,
represented in the General Assembly, That the road located by
the provisions of the fiftieth section of "An [actj to locate and
establish and alter, change, and re-locate state roads," ap-
Road annul'd P^'^ved March 2, 1839, be and the same is hereby disconti-
nued and annulled.
Sec 2. That upon the acceptance and adoption of the
act entitled "An act to establish insurance offices in Morgan,
Pike and Scott counties," passed during the present session
of the General Assembly, by the corporations or either of
Privileges of them named in said act, it shall be lawful for the president
company and directors of either of said corporations to adopt as part
of the charter, any one or more secf.o :s of the act incorpo-
LAWS OF ILLINOIS. 53
rating the other company; so that each company shall have
all the rights, privileges, powers and immunities granted to,
or conferred upon either: Provided, That the capital stock pi-oviso,
shall not be increased beyond the amount now provided for
by law: And provided further, That the place of doing busi- Funber pro-
ness shall not be changed, the directors of said companv ^^^^'
respectively, are authorized to fix the time of the annual meet-
ings and elections; but in case of failure to make an election
at any time provided for, said corporations shall not thereby
be dissolved, but the directors last elected shall continue in of-
fice until successors are elected, and enter upon their duties;
and each of said corporations shall continue to exist, and ex-
ercise, have, and enjoy, all the rights and privileges conferred
upon and granted to them by the above recited act, during
the period limited in the original acts of incorporations.
Approved, February 1, 1^40.
AN ACT to incorporate the Hamilton Primary School. In force,
Feb. 1, 1840.
Whereas, Silas Hamilton did, by his will and bequest, bearing Preamble
date the 20th day of October, 1831, give and bequeath
four thousand dollars in the words following, viz: Believing
in the very great importance of primary schools, and de-
siring that my friends and relations in this neighborhood
should receive the benefit of them, I give and bequeath
four thousand dollars for the establishment of a primary
school, viz: Two thousand dollars to be appropriated to Part of will
the erection of a building suitable for a school, and for a
place of public worship, and two thrsusaiid dollars to consti-
tute a fund for the support of a teacher; said house is to
be located not exceeding one mile south of this, my resi-
dence, nor one mile west, nor one mile nor one half mile
north, nor one Iburth mile east of it, but at or near the
point called the four corners, and I desire my executors to
oversee the erection of said building.
And whereas the executor of said Hamilton has procured a Preamble
lot of land at the place called the four corners, mentioned
in said will, it being in the centre of section number four-
teen in township number seven, north of range number
twelve west, in the county of Jersey, and have erected a
stone building thereon for the use and purpose mentioned
in said will, and for the purpose of enabling the neighbor-
hood aforesaid to use and forever enjoy the benefits of
the said bequest — Therefore,
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembit/, That J. M. Hurd, Tarlton god^ politic
F. Brock, Henry Noble, James C. Perry, and George D. andcorporate
Sidway, and their successors, be, and they are hereby created
54 LAWS OF ILLINOIS.
a body politic and corporate, by the name and style of the
Name ;ind "Hamilton Primary School," and by that name to have per-
^'•^ °' petual succession, with power to sue and be sued, plead and
be impleaded, to acquire, hold, and convey property, real,
personal, and mixed, together with all donations and bequests
made by KSilas Hamilton for school purposes, to have and use
Powers. a common seal, lo alter the same at pleasure, to make and
alter from time to time, such by-laws as they may deem ne-
cessary for the government of said school, its officer^ and ser-
vants: Provided^ such by-laws be not inconsistent with the
constitution and laws of the United States and of this State.
Sec 2. The said primary school, incorporated by this act,
Location of shall remain located in Jersey county, where it now is; the
school. powers and privileges hereby conferred shall be exercised and
employed for the sole purpose of establishing a primary
GiftsiSo grants school and promoting the cause of education. And all gifts
and donations which may have been, or that may hereafter
be made for the purposes of education or establishing a semi-
nary of learning, shall be received and held by the said
Hamilton primary school, for the purpose of establishing a
seminary of learning, and the proceeds thereof shall be ap-
propriated in such a manner as shall best promote the objects
of the donor, and advance the prosperity of said school.
That all donations that have or may be given for a particular
purpose, expressed in this grant, and accepted by said school,
shall be applied in conformity with the design of the donors;
and if it is not inconsistent with the objects of any such do-
nation, shall be loaned out by the trustees of said school, at
such rate of interest as is now allowed to be taken by indi-
viduals; and the trustees of said school are hereby authorized
to obtain and receive from the executors or executor of the
said Silas Hamilton, or their legal representatives, all notes,
bonds, mortgages, and other securities by them taken as se-
curity for the said donations; and the said trustees shall have
full power and authority to collect the same, with the inter-
est due thereon, in the same way the executors might or could
have done.
Sec 3. The officers of said school shall be governed by
five trustees; and the persons named in the first section of
this act shall be the first trustees, and continue in office until
Election the first Monday in June next, and until their successors are
elected and qualifiod. And on the first Monday of June next
there shall be elected five trustees, who shall hold their office
until succeeded, as hereinafter directed, at the first regular
meeting of the trustees elected in pursuance of this act, or
Trustees divi- as soon thereafter as practicable. The trustees shall divide
dad into five themselves into five classes, and prepare five tickets, and cast
Fim^class lots? and the trustee drawing the first class, shall hold his of-
fice for the term of five years, and until his successor is
Second class elected; and the trustee drawing the second class shall hold
his office for the term of four years, and until his successor i^
LAWS OF ILLINOIS. 55
elected; and the trustee drawing the third class shall hold his Third
office for the term of three years,, and until his successor is
elected; and the trustee drawing the fourth class shall hold Fourth
his office for the term of two years, and until his successor is
elected; and the trustee drawing the fifth class shall hold his Fifth
office for the term of one year, and until his successor is
elected; so that on the first Monday in June thereafter, in
each and every year, there shall be elected one trustee, who
shall hold his office for the term of five years, and until his
successor is elected and qualified. The trustees shall elect
one of their own number President, and shall be judges of the President
qualifications of its members.
Sec. 4. That at any election held for the election of trus-
tees, all persons residing within four miles square to be laid
off north and south, and east and west, calling the school-
house aforesaid the centre of said four miles square, and who
are qualified to vote for members of the General Assembly,
shall be entitled to vote for trustees; and a majority of trus-
tees shall form a quorum for the transaction of business; and Quorum,
any three of them may act as judges and clerks of the elec-
tion of trustees, and may make such regulations in regard to
conducting the election of trustees, as they may see proper
from time to time.
Sec 5. The trustees of said incorporation shall have au-
thority from time to time to prescribe and regulate the studies Studies to be
to be pursued in said school, to fix the rates of tuition, andP"^'^"^^^
any other academical expenses, to appoint instructors and such
other officers and agents as may be necessary in manag-
ing the affairs of said school, to define their duties, to fix
their compensation, and to displace and remove them at Officers may
pleasure, to erect any necessary buildings, to purchase books, b<^ ''^"'"^^d
apparatus, and other suitable means of instruction, and gen-
erally to do such acts, from time to time, as they may deem
necessary to promote the objects of this act.
Sec. 6. It shall be the duty of said trustees to appoint a
treasurer who shall also act as clerk of said incorporation, and
require the treasurer to give bond, with good and sufficient Treasurer to
security, in such penal sum as they may deem proper, condi- ^^^^ '^0°'^
tioned that he shall faithfully perform the duties of his office,
and comply with such duties as the by-laws of said corpora-
tion shall require of him, from time to time.
Sec. 7. The said school shall be open to all classes of School opea
people and denominations of christians, and the profession of '° ^^^^^^^^^^
any particular religious faith shall not be necessary of those
who become students. All persons, however, may be sus-
pended or expelled from said school by the trustees thereof,
whose habits are idle or vicious.
Sec. 8. The real estate owned by said corporation, at any Real estate
one time, shall not exceed three hundred acres, nor shall this ^^'^^"■
act be so construed so as to prevent said school from receiv-
ing its just proportion from the township and State fund, as
56 LAWS OF JLLINOiS.
other schools do: and said trustees shall perform the same
duties in regard to said school, for the purpose of obtaining
their proportion of said school fund, as is or may be requir-
ed of trustees of schools in other townships.
Sec. 9. Three trustees of said school shall have full pow-
„ ,. er and authority to call on the executors, or executor of said
HamiltoTi bilas Hamilton, or their legal representatives, ior a settlement
of their acts in regard to said donation, and it shall be the
duty of the trustees of said school to see that the donation
of the said Silas Hamilton is faithfully applied to the objects
of the donor.
Sec. 10. This act shall take eflfect from and after its pas-
sage, any law to the contrary notwithstanding.
Approved, February 1, 1S40.
In force, AN ACT to authorize Sherland Rose and Andrew C . Swan to build a toll
Feb. 1 lb40. bridge across Fever river, at Galena, in the county of Jo Daviess.
Sec. 1. Beit enacted by the People a f the State of Illinois,
Fersons au- represented in the Genei'al Assembly^ That Sherland Rose and
thorized to Andrew C. Swan, and their associates, and successors, are
build toll hereby authorized to build a loll bridge across Fever river, at
" ^^ such point as they mny determine, not exceeding in distance
three hundred and fifty rods from the ferry now kept for
Proviso crossing said river at Galena: Provided, Tlsat the erection of
said bridge shall not conllict with any rights heretofore grant-
ed to any person or persons: And provided fiai her, Tlvdt the
said bridge shall be so constructed as not to obstruct the
navigation of said river.
Sec. 2. Said Rosa and Swan, and their associates, or suc-
Commence- cessors, shall commence the erection of said bridge, within
ment & com-j^yo years from the passage of this act, and complete the same
pletiou of •,,-,, K & 1
brido-e witiiiu three years.
Sec. 3. When the said bridge shall be completed, the pro-
prietors thereof shall have the right to erect thereon the
Toll gates usual gates or barriers, and demand and receive from all per-
sons crossing the same the following rates of toll, viz: For
Rates of toll ^'^^ith footman 6^ cent?; for a man and horse 122- cents; for each
wagon or other vehicle drawn by two horses, or one yoke of
oxen 37i cents; for each additional pair of horses, or yoke of
oxen 25 cents; for each vehicle drawn by one horse Ibi]. cents;
for each loose or lead horse, mule, ass, or Jennie, 6q:ccnts for
each; for each head of cattle 2 cents; for each head of hogs,
goats or sheep 1 cent.
Sec. 4. The said Rose and Su'an, their associates, and
assigns, are hereby authorized to purchase and hold sucli real
Maj hold real estate not exceeding fifty acres, as may be necessary for the
estate objects herein contemplated, and they shall have power to
LAWS OF ILLINOIS. 57
employ such clerks, toll gatherers and helps, as they may Officers
deem necessary, and require, and take bonds for the faithful
performance of the duties assigned them.
Sec. 5. The proprietors of said bridge shall at all times af-
ter the same is erected, afford a safe and speedy passage to Duties
all persons and their property, on payment of, or tender of
the tolls, as herein provided; and if the said bridge at any
one time be out of repair, for ten days together, the proprie-
tors shall forfeit and pay a fine of ten dollars, and a like sum Forfeitures
for every five days thereafter, that the said bridge shall re-
main out of repair, to be recovered by action of debt, before
any justice of the peace, of Jo Daviess countj , one half to be
paid to the person suing for the same, and the other half to
be paid into the county treasury: Provided, that if reasonable Proviso,
exertions are made to repair the same, no liability shall be
incurred by reason of said bridge being out of repair.
Sec. 6. The couhty commissioners' court of Jo Daviess
county may, at any time after the expiration of three years,
from the completion of said bridge, purchase the same by County court
paying the original cost thereof, and ten per cent, thereon; ">^|P'^'"^h''^^^
and to enabls the county commissioners' court to ascertain " ^^
the cost of said bridge,itishereby made the duty of the said pro- Cost of bridge
prietors to keep an accurate account of the cost of con-
structing said bridge, and make affidavit thereto, and file the
same with the clerk of the county commissioners' court.
Sec. 7. This act to be and remain in force for and during
the term of twenty years from and after its passage, and be Term of act
subject to bo taxed by the county commissioners' court, as in Bridge may
other cases of toll bridges and ferries, as now is or hereafter ^^ va.y.Qd.
may be provided by law.
Approved, February 1, 1840,
AN ACT to incorporate the Kaskaskia Beet Sugar Manufacturing Com- i^ force
pany and Randolph Silk Manufacturing Company. Yah. 1 1840
Sec L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That John D. Owings,
David Hailman, James M. Wheeler, S. H. Gander, Miles A. Body corpo-
Gilbert and William Brewster, and their associates, successors '"^^^
and assigns, be, and they are hereby declared to be a body
corporate and politic for the term of twenty years, from and-
after the passage of this act, by the name and style of the
^'Kaskaskia Beet Sugar Manufacturing Company," and by that Name and'
name and title shall be capable of suing and being sued, of style
pleading and being impleaded, of contracting and being con-
tracted with, of defending and being defended in all courts and Powers
places wdiatsoever, and may have and use a common 5-eal, the
same to alter and renew at pleasure.
58 LAWS OF ILLINOIS.
Sec. 2, The capital stock of said company sliall be one hun-
Capital stock dred thousand dollars, with the power of increasing the same
from time to time, as a majority of the stockholders may deem
proper, to any amount, not exceeding in the whole the |suni
of three hundred thousand dollars, divided into shares of twen-
ty dollars e.ich, and each share shall be entitled to one vote.
Sec. 3. The said company shall have power to enter into
and carry on the cultivation of beet and other saccharine vege-
tables, and manufacture sugar therefrom, and export their pro-
ducts and manufactures to erect mills, works, machinery, and
such other buildings as may be necessary for the manufacture
of sugar; to purchase, hold and convey any property, real, per-
sonal, or mixed, in the county of Randolph, which may be ne-
cessary to enable the said company, properly to carry out the
FroTJso expressed objects for which they were incorporated: Provid-
ed, That the quantity of real estate to be held by said com-
pany shall not exceed six hundred and forty acres.
Sec 4. The business and affairs of said company or the
Management corporation hereby created, shall be managed and governed by
of company not less than three, nor more than five directors, as the itock-
holders, at their annual meetings, shall from time to time de-
Directors to clare. One of the directors shall be elected president of the
be chosen board, who shall also be elected president of the company.
Sec. 5. The president and directors of said company or a
Treasurer majority of them, may elect a treasurer, secretary and such
other officers as they may deem necessary to carry into effect,
the objects and intent of this act; may make, execute
and adopt such by-laws, rules, regulations and ordinances as
Proviso. they may think proper: Provided, said by-laws are not incon-
sistent with the lav/s of this State or of the United States.
Stock deem'd Sec. 6. The shares in said company shall be deemed per-
personal sonal property, and shall be transferrable in such manner as
shall be prescribed by the by-laws of said company; any two
of the individuals named in the first section of this act,
are hereby authorized to open books for the subscription
Subscription of said stock in the town of Kaskaskia at such place as may
10 stock |jg appointed, by giving not less than five days notice of the
time and place of such meeting in some newspaper in the coun-
ty of Randolph, or by said notice being stuck up on the court
house door of said county.
Sec. 7. This act shall be deemed a public act in all
courts and places whatsoever, and shall be in force from and
after its passage.
Randolph silk Sec 8. That Miles A. Gilbert, James M. Wheeler, John
company jy Owings, William Brewster, and such otlier persons as shall
become stockholders pursuant to this section, shall be and they
are hereby declared to be z. body corporate and politic, by the
name and style of the "Randolph Silk Manufacturing Com-
pany," and by that name, they and their successors shall have
succession for the term of twenty years, with the power to
Powers. sue and be sued, plead and be impleaded, defend :;:. 1 be de-
LAWS OF ILLINOIS. • 59
fended, in all courts and places whatsoever; to make, have and
use a common seal, the same to alter and renew at pleasure, to
contract and be contracted with in all matters and things re-
lating to their corporate powers or duties as fully and effectu-
ally as a natural person: to purchase, hold and convey real
estate, personal or mixed, to cultivate the different varie-
ties of the mulberry, to manufacture silk therefrom; also, to
manufacture all kinds of cloths, whether made of silk, flax, or
wool, and to export the same; to erect cocoonries, machinery,
mills, and such other buildings as may be necessary to carry
into effect the objects and meaning of this act.
Sec. 9. This company or corporation shall have the Svume
amount of capital, perform all the duties, and be governed by Capital Btock
all the restrictions and limitations contained in the second,
third, fourth, fifth, sixth and seventh sections of this act, so far
as they can be made applicable to the "Randolph Silk Manu- ^^''^jj^^j^J^''^''®
facturing Company," The corporate existence of the said^^^^^^
"Randolph Silk Manufacturing Company" shall cease at the
expiration o( twenty years from the passage of this act.
Approved, February 1, 1840.
AN ACT to relocate part of a State road therein named. In force.
Feb. 1 . 1840.
Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That Hugh Ferguson,
George A. Charles, and John Coleman, be, and they are
hereby appointed commissioners to review, mark, and re- Commission-
locate that part of the State road leading from Knoxville in^''^^^ ^^^o^^'^
Knox county, via Charleston, to Peoria, in Peoria coun-
ty, commencing at the east end of Main street, in the town
of Knoxville, running thence due east to the township line
between ranges two and three, east, thence north on said Route
line to the centre of section thirty, in township eleven, north
of range three east, and from thence due east till it shall in-
tersect the original survey of said road.
Sec. 2. Said commissioners shall meet in Knoxville, on Tjme & place
or before the first day of June next, or within six months of meeting
thereafter, and after being duly sworn before some justice of
the peace, impartialiy to view and relocate the same, shall,
within fifteen days after the relocation of said road, cause a
true survey and map of the same to be lodged with the clerk Survey <S:map
of the county commissioners' court of Knox county; said °f ^'o^fl
road, when relocated, shall be deemed a public high-way,
and opened and kept in repair as other State roads are.
Sec. 3. The county commissioners' court shall allow the
said commissioners a reasonable compensation for their ser- Compensat'a
vices.
Approved, February 1, 1840.
60 LAWS OF ILLINOIS.
In force, AN ACT to legalize the acts of certain ofBcers of Henry county, and for
Feb 1, 1840, otlier purposes.
Preamble Whereas it appears by a memoriai of the county commission-
ers' court ot Henry county, that during the month of May,
1839, the public buildings erected at the town of Richmond,
the county seat of said county, were entirely destroyed by
fire, and there is now only a temporary building, entirely
insufficient for the accommodation of the circuit and county
commissioners' courts: And whereas, a convention of the
citizens of said county was held at Genesco, in said county,
on the ninth day of July, 1839, it was voted, that it is cxpe- J
dientto have the county seat removed from its present lo- |
cation, and also that the county commissioners' be author-
ized to remove their place of holding courts, to some place
within the county, where they could be comfortably ac-
commodated, until suitable buildings could be erected at
the county seat: Mnd xohereas, according to the expressed
wish of the people of the county, and for the reasons fore-
going, the county commissioners' courts have, since the last
mentioned pedod, been held at the village of Geneseo, the
nearest settlement to the county seat — Therefore,
Sec. 1, Be it enacted by the People of the State of Illinois,
Ada o( coun- represented in the General Assembly, That the official acts of
ty commis- the countv commissioners' court of Henry county be and the
sionsrs iC*cii" *^ j ^
ized^ ° same are hereby legalized, and shall, to all intents and pur-
poses, be considered as valid as if transacted at the county
seat of said county.
Sec. 2. The county commissioners' court, and likewise
the circuit court of said county, are authorized and required
to hold their respective terms of courts at the said village of
Courts to be Geneseo, until suitable buildings for the transaction of busi-
helii atGene-jiess shall be erected at the county seat now established, or
hereafter to be established, by law, in said county; and all
their official acts and business transacted at the said village of
Geneseo, shall be as valid as if transacted at Richmond, ihe
present county seat of said county.
Sec. 3. All the official acts of the public officers of said
All acts of CO. county, which by law were required to be transacted at the
officers legal- county seat thereof, and which have been transacted at Ihe
said village of Geneseo, or at any other place in said county,
which have been transacted according to law, excepting that
they have not been transacted at the place required by law,
are hereby rendered equally as valid as if transacted at the
county seat of said county. The several public officers of'
said county arc hereby authorized and permitted to reside at
their respective places of residence, for the term of one year
from the first day of January, 1840, and until suitable buil-
dings for the transaction of the official business shall be pro-
vided at the county seat now established or hereafter to be
established by law, in said county.
LAWS OF ILLINOIS. 61
Sec. 4. That Alexander Turnbull, of Warren countj,MiIsey
[Miles] W. Conway, of Rock Island county, and Harmon
Brown of Knox County, be, and they are hereby appointed comniission-
commissioners to re-locate and re-establish the seal of justice crs to relocate
of Henry county, and give it a name; said commissioners, '^°""'y sf'^'^
or a majority of them, shall meet at the townof Geneseo,in said Time & place
county; who after being first duly sworn before some justice of °* "meeting
the peace of said county, faithiully to locate the seat of jus-
tice thereof, without partiality, favor, or affection, taking into
consideration the present, and prospect of future population,
shall proceed accordingly to fix upon a place for the perma-
nent seat of justice of said county.
Sec. 5. When said commissioners, or a majority of them,
shall have agreed upon a place for the scat aforesaid, thev
shall make a report in writing, under their hands and seals, ^ep. in writ'g
describing the quarter, or fractional quarter section, town- count ™com'rt
ship, and range, upon which they have located the same, to- court
gether with the name they may have given it, to the county
commissioners' court of said county ot Henry ,who shall at the
next term of said court thereafter, cause the said report to be
entered on the records of said court; and the place so select-
ed by said commissioners, or a mvijority of them, shall re-
main the permanent seat of justice of Henry county, and shall
be known and called by such name as may be given to it by
said commissioners.
Sec. 6. The county commissioners' court of said county
shall allow said commissioners such reasonable compensation Compensat'n
per day for their services as they may deem iust, out of the °^ pom'rs lo-
^ •' ^ r • 1 J ' J ^ catinE;co.seat
county treasury o( said county.
Sec. 7. Should said commisioncrs locate said seat of jus-
tice on land belonging to an individual or individuals, they
sh^Jl ask and obtain a donation of any number of acres not Donations for
less than forty, and also select and describe said donation in county seat
their repor,t with reasonable certainty, by metes and bounds:
Provided, That should the proprietor or proprietors neglect Proviso
or refuse to make the donation herein provided for, the said
commissioners shall then be required to locate said seat of
justice on the nearest eligible situation on public land; and
it shall be the duty of said commissioners, previous to locating
said seat of justice on the land belonging to any individual Land to be
or individuals, to take a deed in fee simple to said county of ^'^^'^,^^^ J° ^°-
Henry, for such land as may be donated as aforesaid: ^iwc^ simple
provided further, That if the said commissioners shall locate said Further pro-
seat of justice on the public land, the county commissioners' viso
court shall be, and they are hereby authorized and required
to purchase any quantity of land not exceeding one hundred
and sixty acres including said town site, in the name and for
the use of said county of Henry; which land, or such part
thereof as the county commissioners' court may order and
direct, shall be laid off into town lots, in such manner, and
sold for the use and benefit of said county, at such time
62 LAWS OF ILLINOIS.
and place as the county commissioners' court thereof may or-
Proviso. tier and direct: Provided^ hoivever, That so much of the pro-
ceeds of the sale of said lots as may be required to erect pub-
lic buildings for the use of said county, shall be applied exclu-
Fuvther pro- sivcly for that purpose: Provided, further, That nothing in
visu. this act sha'l be so construed as to authorize the commission-
ers appointed under this act to locate the county seat of
said county of Henry, on the lands of any individual or indi-
viduals, unless it be ascertained first, by said commissioners,
that no suitable location can be made on public land.
8ec. 8. That if the commissioners appointed under this
act shall deem it to the interest of said county to locate the
scat of justice of said county, within the limits of any town
County seat plat owned by any individual or individuals, they shall be au-
may be locat- thorized to receive donations of lots in such town, or other
^J^°" '°^^" real estate donated : Provided, That the value of such town lots
or other real estate donated, according to the provisions of
the foregoing section, shall not be of less value than two
thousand dollars.
Sec 9. The commissioners appointed under this act shall
,-p. meet at the place designated in the fourth section of this act,
inissioners on the first day of June next, or vi^ithin six months thereafter,
meeting and proceed to the discharge of their duties.
Approved, February 1, 1840.
In force ^"^ ACT to locate the county seat of Stark, and to extend the limits of
Feb. 1, 1840.
said county.
Sec. I. Be it enacted by the people of the St'de of Illinois,
represented in the Genei-al Assembly, That Cyrus Walker, of
McDonough county, D. G. Salsbury of Bureau county, and
William Fenn. of Marshall county, are hereby appointed
Com'rs to lo- commissioners to locate the seat of justice in and for the
cate CO. seat county of Stark. Said commissioners, or a majority of them,
of Stark gj-^^j] [y,eet at the house of Wm. H. Henderson, in said county,
Time & place ^^ ^\^^ ^^.gj. jyjondav in April next, or as soon thereafter as
of meeting • / * j n u • j i u
may be convenient. And alter being duly sworn by some
justice of the peace of said county, faithfully to perform the
duties required cf them by this act, shall proceed to locate
the county seat of said county, having due regard to the pre-
sent and future population of said county, the eligibility of
the site, and the general good of the whole people of said
county, as near the geographical centre of said county as
may be agreeable to the provisions of this act.
Sec. 2. Said commissioners shall, by donation or pur-
chase, procure a clear and indefeasible title, vyith general
rp. , . , warranty deed, to at least forty acres of land, upon which
the public buildings shall be erected, and said county seat lo-
LAWS OF ILLINOIS. , 63
cated. Said deed shall be made to and in the name of die
county commissioners of Stark county, and their successors
in office, for the use and benefit of said county of Stark.]
Sec. 3. It shall be the duty of the county commissioners
aforesaid, immediately after said county seat shall be located,
to cause to be surveyed into lots, upon such plan as may be
agreed on by them, the lands upon which the location has J^id'^off^^^^
been made; to proceed to advertise and sell the same, at such lots and slu
time and on such terms as they may deem most advisable for
the good of the county; and the proceeds of said sale, or so
much thereof as may jbe sufficient, shall be faithfully applied
to the erection of a court-house and jail for said county of Public build-
Stark. ings
Sec. 4. The county commissioners' court of the county of
Stark shall appropriate, out of the county treasury, the sum
of three dollars per day to each of the commissioners for thepay of corn-
number of days they may be employed in locating the coun-missioners
ty seat and travelling to and from the county aforesaid.
Sec. 5. That all that part of Henry county vs'ithin the p^^^t of Hen
following boundary, shall be attached to and form a part ofry attached to
the county of Stark, to wit: Beginning at the South east cor- ^.^fi^k, condi-
ner of the corner of Henry, running north with the line di-^^°"^"^
viding ranges five and six,* to the northeast corner of section
twenty-four, in township fifteen north, of range five cast, of
the fourth principal meridian, thence west with^the sectional
lines to the northwest corner of section twenty-two, in range
four, east; thence along the section twenty-two in range four
east, thence south along the sectional line, dividing town-
ships thirteen and fourteen north, thence east with said line to
the beginning, it being nine miles square, out of the south
east corner of said county: Provided, That an election shall p •
be held in said county of Henry, at the usual places of hoi- '''''^°'
ding elections, on the first Monday of March next, to vote for-pi^g of elec
or agamst a division of said county; and if it shall appear that tion for divi-
a majority of the legal voters of said county of Henry, are in^io'^
favor of the territory above described, being attached to, and
hereafter forming a part of, the county of Stark, it shall be
considered a part of said county of Stark; but if a majority of
the legal voters of said county of Henry are opposed to
the division of said county, then the territory described
in the foregoing part of this section shall remain and conti-
nue a part of Henry county. The election shall be conduct-
ed, notice given, and returns made, in the same manner as
now required by law for all special or general elections.
And it is further provided, That should the vote of Henry p •
county be against attaching the nine miles square to the '°'"'''
county of Stark, then the county seat of Stark shall not be ^''^''^
coun-
located, and this act shall be considered void and of no efTert *^ ^^^' ^^""^^
Approved, February I, 1840. ''''' ^' '""^'^'^
64 . LAWS OF ILLINOIS.
In force. AN ACT to establish a State road from Petcrsburgh in Menard county, to
Feb. 1, 1840. Waverlyin Morgan county.
Sec. I. Be it enacted by the jKople of the State of Illinois,
representedin the General Assembly, That John B. Broadwcll,
Franklin Minor and Achilles Morris, be, and they are here-
('.,:iris to lo-by appointed Commissioners, to view, make and locate a
c.oroad Stale road from Petersburgh, in Menard county by way of
.• ., «f John B. Broad well, Berlin, New Berlin, and the rail road de-
jjocation ol ' ' . ^^,r
road pot m feangamon county, to Waverly, m Morgan county.
Sec. 2. That said Commissioners or a majority of them
, ^ shall meet at Petersburgh on the first Monday of March next,
of mtciins; "^ OF any time within sixty days thereafter, and after being duly
sworn, shall proceed to locate said road, avoiding as much as
possible allinjuvy to private property.
Separate re- Sec. 3. That said Commissioners shall make out a separate
]' 'i'"^ report of so much of the location of said road as lies in each
of said counties, and file the same with the Clerk of the coun-
ty Commissioners' Court of the proper county.
Sec. 4. That said Commissioners shall have such compen-
sation out of the Treasuries of said counties as shall be just
Tayof com'rsand reasonable, each county to pay in proportion to the dis-
tance the road may run in said county.
Sec. 5. That John L. Ewing, of Schuyler county, is here-
by appointed in lieu of Edward Doyle, one of the Commis-
Com'rs to lo- sioncvs, for the purposes mentioned in an act entitled "An act
cate road in to locate a State road from Mount Sterling in Brown county
Tiy er co ^^ Mount Carmel in McDonough county;" approved February
2-2, 1839.
Time extend- Sec. 6. The time mentioned in the second section of said
<-''l act for the Commissioners to meet and perlbrm the duties re-
quired of them in said act shall be extended to one year, from
and after the passage of this act.
Approved, February I, 1840.
In force ^'^ ACT to amend "An act concerning Justices of the Peace and Couata-
Feb. 1, 1840. '^'es," approved February 3, 18.-27.
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That so much of the
Sec. 28 of act twenty-eighth section of an act, entitled "An act concerning
rej)enled Justices of the Peace and Constables," approved February 3,
1827, as requires Clerks of the Circuit Courts to affix a certifi-
cate of magistry to an execution issued to another (tounty is
hereby repealed; and hereafter such certificate shall be affixed
by Clerks of the County Commissioners' Courts, respectively.
Approved, February 1, 1840.
LAWS OF ILLINOIS. ^ 65
AN ACT to amend an act regulating the publication And distribution of In force, 29th
the laws and journals of the General Asserablj'^ . Jan. 1840.
Sec. L Be it enacted by the People of the State of Illinois, Recorders &
represented in the General Assembly, That recorders and school ^c'lool com-
commissioners of the counties shall be entitled to one copy gmiTiedTo
of the laws of this State, in all future distributions of the same, laws
Approved, January 29, 1840.
AN ACT in relation to the court house in the county of La Salle. j^ force 29th
Jan. 1840.
Sec. 1. Be it enacted hythe People of the State of Illinois,
represented in the General Assembly, That the county com- Care of co.
missioners of the county of La Salle, shall have the care of g^'fj^' ^^ "^j. ^'^
the court room in said county, any law to the contrary not- court room
withstanding: Provided, said commissioners shall have said Proviso
room kept in order for holding courts, at any time that it may
be wanted for holding courts, or other public purposes.
Appkoved, January 29, 1840.
AN ACT for the benefit of Stark county. jjj {q-^qq ggth
Jan. 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county of Stark ^'^^'^ *^°- ^°'^"
is hereby entitled to the one-fourth part of the money here-of^ln°e^.°ai^°°
after to be drawn by the county of Putnam, from the Internal Improvement
Improvement fund; the other three-fourths to be adjusted be-|"°"'^y drawn
tween the county commissioners' courts of the counties of p^yn" "^"^
Putnam and Stark, according to an arrangement entered into
by said courts: Provided, said money shall be applied to the Proviso
purposes for which it was originally appropriated.
Approved, January 29, 1840.
AN ACT to change the name of the town of "•Victoria" in the county of in force
White, to that of Philipstown. Jan. 29, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois-,
represented in the General Assembly, That the name of the ^^.^"^ °^°^^
j_ c ,/TT- • ,. • 1 ■-% TT^, . , r-^ /. -M^,,. changed Irom
town ot "Victoria," in the county of White and State of Illi- victoria to
nois, be, and the same is hereby, changed to that of Philips- Philipstown
town, and by that name it shall hereafter be known and dis-
tinguished in law.
Sec. 2. This act shall, in no wise, affect the title to the real Alteration
estate lying and being within the plat of said town. This act ^^f^^^ '^^'
to take effect and be in force from and after its passage. real esta^te^in
Approved, January 29, 1840.
5
66 LAWS OF ILLINO.S.
In force, 29th AN ACT for the appointment of an additional notary public in the town of
Jan. 1840. Grafton, in Jersey county, and Pittsfield in Pike county, and Charleston
in Coles county.
Sec. 1. Be it enacted by the People of the State of Illinois^
Additional represented in the General Assembly^ That the Governor shall
Notary Pub- appoint, by and with the advice and consent of the Senate,
licin Grafton, one additional notary public, in the town of Grafton in the
ciiaSon."'* county of Jersey, and Pittsfield in Pike county, and Charles-
ton in Coles county. This act to be in force from and after
its passage.
Approved, January 29, 1840.
In force, 29th ^]V ,i.CT to relocate parts of State roads in Fayette county.
Jan. 1840.
Sec. 1. Be it enacted hy the People of the State of Illinois^
represented in the General Assembly, That Dudley Mabry
Comr's to re- ^nd William Paydon, of Fayette county, are appointed coin-
locate road ,-(-,ij.gjoi-iei.3 to review and relocate so much of the State road,
Direction of authorized by an act of the Legislature of 1838 and 1839,
road leading from Joseph liuey's in Clinton county, to the North-
east corner of Fayette county, as lies betv/een the said Dud-
ley Mabry's along on said road to near the hazle mound; thence,
on the nearest and best ground, to the house of Isaac Work-
man; and thence, on the most eligible site to intersect the
aforesaid State road in the post oak plats, south of Stuart's
mills, in Big Creek, in the said county of Fayette.
Time and Sec. 2. That said commissioners, or either of them, shall
place of meet- ^qqi at the house of the said Dudley Mabry, whenever it shall
^°^ be most convenient for them so to do, within ninety days from
To be sworn ^'^^ passage of this act; and after being duly qualified before
some person authorized to administer oaths, impartially to
discharge the duties enjoined by this act, shall proceed to re-
locate said road, as provided for in the first section of this act.
Comrs,of ^^°- ^* "^^*^^ ^^ ^^ made the duty of the county commission-
Fayette co. to ers' court of Fayette county, to cause the reviewed and relo-
keep road o- cated part of said State road to be opened and kept in repair
pair^" ^^"as other State roads are required to be; and shall also allow,
out of the county treasury, a reasonable compensation per
Pay of comr's day to said commissioners, for the time actually spent in the
performance of the duty required by this act.
Com:'s to re- Sec. 4. That John Shirley and Andrew J. Hickerson be,
s* w'^ f °V^ ^'^^ *^^^ '^^^ hereby, appointed com.missioners to relocate that
dalia'^ ^"' part of the State road leading from Vandalia to Carlyle, as
lies between the said town of Yandalia and William Miles',
on the said Carlyle road, commencing at Vandalia; thence,
through the inlots in the south-western corner of said town,
Direction of to Jeremiah Evans' old place; and thence, to intersect the
road State road leading to Carlyle, near the said William Miles'.
LAWS OF ILLINOIS. 67
Said commissioners shall meet at the house of Aikins Evans, Ti™^ and
on some day within ninety from the passage of this act, thatPjg^^" °^^^^"
they may agree upon, and after being duly sworn before some
person authorized to administer oaths, shall proceed to
perform the duty herein required of them.
Sec. 5. The third section of this act shall, in all respects, p^^^ Qf^,^^^^^.,^
be applicable to the road authorized to be relocated in the
foregoing section, as well as to the compensation of the com-
missioners appointed by said section.
Approved, January 29, 1840.
AN ACT to repeal "An act incorporating the Northern division of the 1° /-'"To'. a
American Bottom." Ja°- ^7, 1840.
Sec. L Be it enacted by the People of the Slate of Illinois, ^^^ repealed
represented in the General Assembly, That the "Act incorpo-
rating the northern division of the American Bottom," appro-
ved, xMarch 2d, 1839, be, and the same is hereby, repealed.
Approved, January 27, 1810.
AN ACT in relation to Lusk creek. In force,
Jan, 29, 1840.
nav-
Sec. 1. Be it enacted by the People of the State of Illinois, ^^^^^^^^^^
represented in the General Aseembly, That Lusk Creek, in the declared
county of Pope, is hereby declared a navigable stream from igable
the mouth thereof up to John Ritts' mill; and all laws declar-
ing said creek navigable higher up than Ritts' mill, are here-™^ ^^
by repealed.
Approved, January 29, 1840.
AN ACT to authorize Allen P. Hubbard to build a mill dam across j^^ ^^^^^
F°^ I^^^e'"- Jan. 29, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Allen P. Hubbard Location of
and his associates, heirs and assigns, be, and they are hereby mill-dam on
authorized to construct and buUd a mill dam across Fox river, ^°^ "^®'*
on sections twenty-seven and twenty-eight, township thirty-
nine north, range eight east of the third principal meridian,
in the county of Kane, to the height of six ieet above low
water mark: Provided, Said grant shall not be construed so Proviso
as to prevent the State from improving said Fox River at that
place, by dams, locks, or any other way, at any time hereafter,
for the purpose of slackwater navigation, or otherwise: Pro-
vided, however, That said dam be not so constructed as to in-
terrupt the free navigation of said river.
68 LAWS OF ILLINOIS.
Style & plan Sec. 2. The said dam shall be constructed with a down
of dam stream slope of two feet horizontal to one foot perpendicular
rise; well and sufficiently planked over, for the purpose of al-
lowing a safe passage to the descending trade of the said riv-
er, and during the continuance of said dam, said slope shall
be kept in good repair.
Sec. 3. This act shall take effect from and after its passage.
Approved, January 29, 1840.
In force, AN ACT to extend the time for the location of State Roads.
Jan. 30, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois^
Time to lo- represented in the General Assembly, That Commissioners ap-
cate roads ex- pointed to locate State Roads by any law of the last session
cemhel:7'th^'''°^ the Legislature of this State, and who have failed to per-
1840 ' form said duties, are hereby authorized to perform the same
at any time previous to the first Monday in December next.
Approved, January 30, 1840.
In force ^^ ACT permanently to locate the seat of justice of the county of DeKalb.
Jan. 30, 1840,
Sec 1. Be it enacted by the People of the State of Illinois, .
represented in the General Assembly, That on the first Monday
tio™^ ° ^ ^^'^^ August next, the qualified voters of the county of De Kalb,
who shall have resided within said county for thirty days next
Persons qual- preceding the day of election, shall vote for or against the re-
ified may vote moval of the county seat, from its present location; and if it
removiTfo^fco^ ^^^^^^ appear from the returns of the said election, that a ma-
seat jority of all the votes given shall be in favor of a removal of
the county seat, and also, that a majority of all the votes giv-
en shall be in favor of any other place within said county, then
said county seat shall be removed, and the place receiving the
number of votes required by this act shall be, and forever le-
main, the permanent seat of justice for the said county of De
Kalb.
Sec. 2. If a majority of the votes given shall be in favor of
Second elec- ^ removal of the county seat, and no other place shall receive a
tion condi- majority, then a second election shall be held on the third
tional • Monday of the said month of August, and a selection shall be
made from the two places receiving the highest number of
votes at the first election.
Sec. 3. It shall be the duty of the Clerk of the County
Notice of e- Commissioners' Court, to cause notices of the elections con-
cbrk°"^ ^ templated by this act, to be posted up at three of the most
public places within each Precinct, at least twenty days pre-
vious to the day of the first election, and ten days previous to
Duty of sher-^i^g second election, and the Sheriff of the said county of De
Kalb shall post up said notices.
LAWS OF ILLINOIS. 69
Sec. 4. The judges of elections within the several precincts, Du^y o^'udg-
shall cause separate columns to be ruled m the respective poll
books, in which to record the votes given for and against the
removal of the county seat from Coltonville, also columns in
which to record the votes given for each place, and the re-
turns of said election shall be made, and the votes counted in
the same manner that is required by the laws of this State
regulating elections.
Sec. 5. Donations of land shall be received at least twenty Time when
days previous to the first election provided for by this act, and J^reidveT^
any person or persons offering donations of land, shall file with
the Treasurer of said county, a good and sufficient bond, with
approved security, to be accepted by the said Treasurer, bind-
ing the said donor or donors, to execute a deed of general ten-
ure, to thesaid county of DeKalb, for any quantity of land not
less than one hundred and sixty acres, and on which the pub-
lic buildings shall be erected, or donate to the county of De
Kaib three thousand dollars, or erect within eighteen months
from and after the passage of this act, a court-house, the esti-
mate value of which shall be at least three thousand dollars,
and to be accepted by the County Commissioners of said
county, and no place, shall be considered as eligible for the
location of the county seat, unless the provisions of this sec-
tion shall be fully complied with.
Sec. 6. It shall be the duty of the County Commissioners Duty of co.
to cause special entries to be made of record, of the result of '^°™ ^^
the said elections, and file and preserve the poll books for in-
spection; to layoff into lots, and dispose of any donation
that may be received, to the best advantage for the interest of
the county, also to dispose of the present county buildings and
other property, should the county seat be removed ; the pro-
ceeds of which shall be applied to the erection of public build-
ings which shall be erected without unnecessary delay.
Sec. 7. In case the seat of justice shall be removed, all the
books, papers and records, belonging, or appertaining to the Papers,books
county of De Kalb, shall be removed to the place selected, as ^aib^county
soon as suitable buildings can be obtained, and the Circuit
Court of the said county shall be holden at such place as may
be determined by the Judge presiding in the ninth Judicial
Circuit, on the first day of "the term thereof; and which deter-
mination or deci^on of the said Judge, shall prevent a dismis-
sal or discontinuance of any suit in law, or in equity, or any
other legal proceedings heretofore commenced and now pend-
ing, or which may be hereafter commenced on account of
process being made returnable at any other place in said coun-
ty, until the county seat shall be permanently located, and
public buildings erected in accordance with the provisions of
this act, any law to the contrary notwithstanding.
Sec. 8. That the act entitled an act to re-locate the seat of
justice of the county of DeKalb be, and the same is hereby Act repaeled
repealed.
Approved, January 30, 1840,
70
LAWS OP ILLINOIS.
In force, AN ACT to legalize the assessment of the Revenue in the counties of
Jan. 30, 1810. Iroquois and Clay, for the year 1839.
Sec. L Be it enacted by the People of the State of Illinois,
Assessment in represented in the General Assembly, That the assessment of
ClayTor iss"") ^^^^ taxable property made in the counties of Iroquois and
legalized
Persons ag-
grieved how
to proceed
Proviso
Clay, for the year one thousand eight hundred and thirty-nine,
is hereby legalized and made binding, as though the same
had been done in strict conformity with the provisions of the
"Act concerning the PubUc llevenue," approved February
the twenty-sixth, one thousand eight hundred and thirty-
nine.
Sec. 2. That any person feeling aggrieved by the valuation
of taxable property in the counties aforesaid, shall be entitled
to the provisions of the twelfth section of the "Act concern-
ing the Public Revenue:" Provided, Application be made to
the County Commissioners' Courts at their March term of said
Courts, in the year one thousand eight hundred and forty, for
such purposes.
Sec. 3. This act to be in force from its passage.
Approved, January 30, 1840.
In force,
.Ian. 30, 1840.
Body politic
and corporate
Name and
style
Powers
Annual elec-
tion for trus-
tees
Term of office
Notice of
elections
QualiQca-
f.ions of trus-
tees
AN ACT to incorporate the town of Carmi.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the inhabitants and
residents of the town of Carmi in White county, are hereby
made a body corporate and politic, in law and in fact, by the
name and style of the "President and Board of Trustees of
the town of Carmi," and by that name shall have perpetual
succession, and a common seal, which they may alter at plea-
sure, and in whom the government of the corporation shall be
vested, and by v/hom its affairs shall be managed.
Sec. 2. The boundary of the said corporation shall include
all that country contained within the limits of the plat of the
town of Carmi, as of record in the recorder's office of the
county of White.
Sec. 3. That there shall, on the first Monday of May next,
be elected seven trustees, and on every first Monday of May
thereafter, who shall hold their offices for one year, and until
their successors are duly elected and qualified; and public no-
tice of the time and place of holding said election, shall be
given by the president and trustees, by an advertisement pub-
lished in a newspaper in said town, or posting it up in at least
four of the most public places in said town. No person shall
be a trustee of said town, who has not arrived at the age of;
twenty-one years, who has not resided in said town six months
next preceding his election, and who is not, at the time thereof,
a bona fide freeholder, and moreover, who has not paid a cor-
LAWS OF ILLINOIS. 71
poration tax; and all free white male inhabitants, over twenty- I^J^^^^f;^^.
one years of age, who have resided in said town three months gj.g
next preceding an election, shall be entitled to vote for trus-
tees. And the said trustees shall, at their first meeting, pro- Election of
ceed to elect one of their body president, and shall have power prf^sidcnt
to fill all vacancies in said board which may be occasioned ^^'"''^^^^^
by death, resignation, removal, or six months' absence from the '°'*^
town; and to appoint a clerk and assessor, a treasurer, a street oa^er ^officers
inspector, and a town constable, to give bond and security in
such amount as the trustees may require. And the said town Duty of con-
constable shall take an oath, or aflirm before some justice of stable
the peace, that he will faithfully discharge the duties of said
office; and it shall be his duty to collect all fines, and to serve
all processes at the suit of the corporation, and to do such
other matters and things pertaining to the office, as may be
required of him by the ordinances and by-laws of said corpo-
ration. .
Sec. 4. The said corporation is hereby made capable, m f^^yj'''^'^
law, to take and hold to themselves and their successors, any
lands, tenements, hereditaments, and the rents, issues and pro-
fits thereof, which may be necessary for the erection of any
market house, or other public buildings, to promote the inter- ^^^^^^ ^^.|^_
est and public good of the citizens of said town, and the same .^^^^
to sell, grant and dispose of, if necessary. They shall also have
power to re2;ulate, to grade, pave and improve the streets, improvement
lanes and alteys, within the limits of said town and corpora- of streets
tion; and to extend, open and widen the same, making the ^.^^ ^^^^^^
persons injured thereby, adequate compensation ; to ascertain j-g^ to per-
which, the board shall cause to be summoned six good and sons injured
lawful men, freeholders and inhabitants of said town, not direct-
ly interested, who (being first duly sv/orn for that purpose,)
shall enquire into and take into consideration as well the
benefits as the injury which may accrue, and estimate and
assess the damages which would be sustained by reason of the
opening, extending, widening, of any street, avenue, lane or
alley; and shall moreover estimate the amount which other
persons will be benefitted thereby; and shall contribute towards Persons bene-
compensating the person injured; all of which shall be return- f"ggg3^°p„f''^
ed to the board of trustees, under their hands and seals; and
the persons who shall be benefitted, and so assessed, shall^ pay
the same in such manner as shall be provided, and the residue,
if any, shall be paid out of the town treasury. And they
shall sue and be sued, plead and be impleaded, answer and be
answered, in any court whatever.
Sec. 5. The trustees aforesaid, and their successors, or a
majority of them, shall have full power and authority to ordain
and establish such rules and regulations for their government Rules and by-
and direction, and for the transaction of the business and con- ^^'"
cerns of the corporation, as they may deem expedient; and
to ordain and establish, and put into execution such by-laws,
ordinances and regulations, as shall seem necessary for the
72 LAWS OF ILLINOIS.
Farther pow- government of said corporation, and for the management,
^^^ control, disposition and application of its corporate property,
and generally to do and execute all and singular such acts,
matters and things, which to them may seem necessary to do,
and not contrary to the laws and constitution of this State.
Sec. 6. The said trustees shall have power to levy and col-
^^ lect a tax not exceeding one half of one per cent, on all lots
and improvements, and personal property lying and being with-
To license "^ ^'^*^ incorporated limits of said town, according to valuation;
shows &.C. to tax public shows and houses of public entertainment, tav-
erns, stores and groceries, for the purpose of making and im-
proving the streets and keeping them in repair, and for the pur-
pose of erecting such buildings and other works of public utility,
as the interest and convenience of the inhabitants of said town
may require, and the circumstances render proper and expe-
dient. And said trustees may adopt such modes and means
for the assessment and collection of taxes as they may, from
Sale of lots ^^'^® ^° time, fix upon and determine; and to prescribe the
for taxes manner of selling property, when the tax levied upon it is
Proviso not paid: Provided, No sale of any town lots or other real
estate shall be made, until public notice of the time and place
shall be given by advertisement in the newspapers, or at four
of the most public places in said town, at least fifteen days
Further pro- previous thereto: Pi^ovided also, h\\ the provisions applicable
"«'iso to such sale of the law, entitled an act concerning the pub-
lic revenue, in force February 20, 1839, shall be complied
with.
Sec. 7. That the trustees of sa'd town, or a majority of
Breaches of them, shall have power to preserve good order and harmony
punished °^ ^"^ ^^^^ tovvn; to punish open indecency, breaches of the peace,
gambling, gaming houses, horse-racing, shooting, and all dis-
orderly houses, and riotous meetings; to remove obstructions
in the streets and public ways, and all nuisances, for which
purpose they may make such by-laws and ordinances as to
them may seem expedient, and not inconsistent with any pub-
Fines how ^^^ ^^'^^' *^^ *'^^s State; and impose fines for the breach thereof,
recovered tvhich fines shall be recoverable before any justice of the peace
residing in said town. And all suits and judicial proceedings.
Suits, how under this act, shall be brought in the name and style of the
brought President and Board of Trustees of the town of Carmi.
Sec 8. It shall be the duty of any justice of the peace
Duties of jus- residing in said town, and he is hereby authorized and empo\v-
^c s pe cred, upon the violation of any law or ordinance of said cor-
poration, to issue his warrant, directed to the town constable,
or any authorized county officer, to apprehend the offender
or offenders, and bring them or him forthwith before him; and
after hearing the evidence, if it shall appear that the said
accused has been guilty of the violation of any such law or
ordinance of the corporation, to impose such fine or imprison-
Pro viso men t as shall be pointed out in such law or ordinance: Providcdy
Such fine shall not exceed five dollars, and imprisonment, not
LAWS OF ILLINOIS. 73
to exceed twenty-four hours: Provided, however, That writs of Further pro.
certiorari and appeals shall be granted from judgments un-'^^®''
der this act^ as in other civil cases; and in all criminal cases, ^ jg from
the defendant shall be entitled to an appeal to the circuit court, judgment
by entering into bond or recognizance, as the case may require,
before the justice of the peace, within twenty days after the
rendition of the judgment, with such securities and in such
an amount as the justice may think right and proper; and all
fines imposed for a breach of the peace or violation of the
corporation ordinances, shall be paid into the treasury of said
corporation.
Sec. 9. That when any town lots or real estate shall be
sold for taxes, by virtue of this act, the same may be redeem- ^^^ ^.^^
ed at any time within two years from the date of such sale ^f j^tg goi(j
by the owner of said property, or his or her agent, executor for taxes
or administrator, paying to the treasurer of said town, for the
use of the purchaser of said property, the full amount of pur-
chase money, with interest at the rate of twelve per cent, per
annum, together with costs accruing thereon.
Sec. 10. That upon the application of the owners of two-
thirds of the front lots on any street or parts of a street, it shall
be lawful for the board of trustees to levy and collect a special gpgcial tax to
tax on the owners of the lots on said street or parts of a street, gra<3e & pave
according to their respective fronts, not to exceed one per streets
cent., for the purpose of grading and paving the side walks
on said street.
Sec. 1L That all ordinance of said trustees shall be fairly
written out, signed by the clerk and published in a newspaper Ordinances,
printed in the town, or posted up at three of the most public py^jj™^ ^
places in said town; and no ordinance shall be in force until
published as aforesaid.
Sec 12. That justices of the peace and constables, who Fees of ofB-
are lequired to render services under this act, shall be entitled ^^'"^
to the same fees, and collect them in the same manner as now
is, or hereafter may be, provided by law.
Sec 13. That the president, or any two of the trustees. Meetings of
shall liave power to call a meeting of the board, by giving board of trus«
one day's notice thereof; and a majority shall constitute a " °
quorum to do business, but a minority shall have power to'
adjourn from time to time, and compel the attendance of ab-
sent members, and in the event that the notice of an election
is not given, as required by this act, or from any other cause,
that an annual election should not be holden at the proper
time, it shall be lawful for the late clerk of the board, or any
two qualified voters in said town, at any time thereafter, to
give notice, as aforesaid, of the time and place of holding a Special eleci.
special election, and the trustees elected at such special elec- ^^°"^
tion, shall have all the powers conferred by this act.
Sec 14. The qualified voters, within the corporation, shall,
at the first annual election for trustees, vote for or against
tees
Quorum
74 LAWS OF ILLINOIS.
This charter becoming incorporated under the provisions of this act; and
to be voted jf two-thirds of all the votes given at said election is in favor
of being incorporated, then this act to be in force, otherwise
Corporation to be null and void. This incorporation may, at any regular
may be dis^ annual election for trustees, be dissolved by two-thirds of the
solved votes given being in favor of such dissolution, then this act
shall be null and void.
Approved, January 30, 1840.
In force, AN ACT to incorporate the Springfield Mechanics' Union.
Feb. 3d, 1840,
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Caleb Burchall,
Thomas Lewis, Edmund R. Wiley, William D. Hcrndon,
Simeon Francis, George R. Weber, Walter Davis, George
Wood and R. F. Coflin, and their associates and successors,
and corporate ^®' ^^^ ^'^^^ ^'^'' hereby, constituted a body politic and corpo-
rate, under the name of the "Springfield Mechanics' Union,"
Object of for the purpose of affording relief to the sick and disabled
company members thereof, and to the widows and orphans of deceased
members; for the establishment of a common school and a
public library, and for the promotion of literature, science,
and the mechanic arts; and for no other purpose whatever.
Common g^c. 2. The said corporation, on the establishment of their
"^^ °° common school, shall receive from the school commissioner of
School fund ^j^g county the same amount of money, in the same propor-
tion, and apply the same to such tuition, in the same manner
Proviso
as other common schools are paid and kept: Provided, That
the teachers or instructors of said school, shall be selected by
the corporation, and be under the control of its bj-law^s.
Sec. 3. The said corporation, by the name of the "Spring-
p^ gj. field Mechanics' Union," is declared and hereby made capable,
in law, to sue and be sued, plead and be impleaded, to have a
common seal, and the same to alter or renew at pleasure; to
make and adopt a constitution and by-laws for the government
of the corporation, not inconsistent with the laws of this State,
or the constitution of the United States, and the same to
alter or amend whenever it may be deemed necessary: Pro-
Land to be vided, That the said corporation shall not hold more than five
^ acres of land, with the improvements thereon, for a longer
Donations to ^^'^'^ ^^an one year, except such as may be donated to, and
for the sole use and behoof of, the corporation.
Sec. 4. The officers of this corporation shall consist of a
Officers president, vice president, secretary, treasurer, and a board of
T f ffi ^^^^^ directors, who shall continue in office for the term of
one year, and until their successors are elected, together with
such other officers as may be provided for by the constitution
and by-laws of the corporation. The duties, rights, privileges
LAWS OF ILLINOIS. 75
and liabilities of the aforesaid officers to be defined by the con- By-laws
stitution and by-laws of said corporation.
Sec. 5. All fines and forfeitures for non-attendance, delin- Fines and for-
quency, imposed by the constitution and by-laws provided for f'^i'"''^s
in the third section of this act, not exceeding twenty-five
dollars in any individual case, shall be recoverable by action
of debt, before any justice of the peace of the proper county
by the said company, in their corporate capacity, which shall
be for the use of the coiporation.
Sec. 6. This corporation shall not be dissolved, nor a divi- Existence of
dend made of its funds, while there are seven resident mem- ^°^P°'"^*^°"
bsrs in favor of its continuance.
Sec 7. The Legislature hereby reserves the right to amend Right reserT-
or repeal this act whenever, in their opinion, the public good ^^
may require it.
Sec. S. This act to be in force from and after its passage.
Approved, February 3, 1840.
AN ACT to amend an act to incorporate the La Salle Charity Hospital, la force,
approved, February 23, 1839. Feb. 1, 1840.
Time allowed
Sec. L Be it enacted hy the People of the State of Illinois,
represented in the General Assembly^ That the corporators, in
the act to which this is an amendment, shall have two years tVcorpora"
from the time the canal commissioners shall select the land as tors
required by the act to which this is amendatory, to comply on
their part with the provisions of said act: Provided, It shall be Proviso
the duty of the commissioners to select the land within three
months from the passage of this act.
Approved, Feb.'uary 1, 1840.
AN ACT authorizing the county commissioners of Union county to j^ force
bon'ow money for certain purposes. Feb, 1 1840*
Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the General Assembly, That the county commis- Co. comr's
sioners of Union county, are hereby authorized to borrow "^^^ borrow
/. ,• r ai • , f money to
trom any person or corporation, a sum ol money suiiicient lor complete pub-
the erection and completion of the necessary public buildings He buildings-
for the county and are empowered to execute any notes or
bonds, bearing interest not exceeding twelve per cent, per
annum, for the purpose of carrying out the intention o^ this
act, which notes or bonds shall be binding on the said county
of Union.
Approved, February 1, 1840.
76 LAWS OF ILLINOIS.
In force, AN ACT to authorize Ira Minard, Read Person, Bela T Hunt and Darwin
Feb. 1, J840. Mlllington, to build a dam across Fox river.
Sec. L Be it enacted by the P eople of the State of Illinois^
Persons au- represented in the General Assembly, That Ira ]\Iinard, Read
thorized to Ferroii, Bela T. Hunt and Darwin Millington, their heirs and
cro'st Fo™ r^ '"^^^'S^S' be, and they are hereby, authorized to construct, build
ver 'ind continue a mill-dam across Fox river, at the town of St.
Charles, in the county of Kane, between the land held by them
Proviso to the height of seven feet above low water mark: Provided^
Said grant shall not be construed so as to prevent the State
from improving said Fox river at that place, by danis, locks,
or any other way, at any time hereafter, for the purpose of
slack water navigation, or othersvise.
Construction Sec. 2. The said dam shall be constructed with a down
of dam stream slope of two feet horizontal to one foot perpendicular
rise, Avell and sufficiently planked over, for the purpose of al-
lowing the safe passage of the descending trade of said river;
and during the continuance of the said dam, said slope shall
be kept in good repair. This act to take efiect from and after
its passage.
Approved, February 1, 1840.
In force AN ACT to change part of a State road from Naperville, in Du Page
Feb. 1 1840. countj, to Indian Creek, in McHenry county.
Sec. 1. Be it enacted by the People of the State of Illmois,
represented in the General Assembly, That Stephen J. Scott,
Nathan Allen Jr., Ethan Grisworld, be, and they are hereby,
Com'rs to re- j^ppf^i^tej commissioners to view and relocate a certain State
locate .road i^, ^ -^t -hi . r • r^ ^ ^ ■ t\
road from Naperville, herelofore in Cook county, now in Da
Page county, to Indian Creek, in McHenry county, from the
twenty-nine mile stake on the line of said road to Naperville.
Sec. 2 The said commissioners, as soon as they shall have
completed said work, shall make out a map of that part of
Map of road ^\^q g^id road SO to be relocated, giving the course and dis-
tances to be lodged with the clerk of the county commission-
ers' court for the county of DuPage, which shall be recorded
at length in the books of said court: Provided, however, That
Proviso those persons interested in the relocating of the above road,
shall defray all the expenses thereof.
Sec. 3. The said commissioners shall, before they proceed
to relocate said road, be sworn before some justice of the
Com'rs to be peace faithfully to perform their duties; and so much of said
sw^orn ^^^^ j^g gj-jg^jj |jg changed, shall be vacated.
Approved, February 1, 1840.
LAWS OF ILLINOIS. 77
AN ACT in relation to the publication of the reports of the decisions of In force,
the Supreme Court of the State of Illinois. Feb. 1, 1840.
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That it shall be the duty
of the reporter of the Supreme Court of this State, to deliver Duty of re-
to the Secretary of State, such number of copies of the re- Porter
spective volumes of the reports of said court, as may be ne-
cessary to enable the said secretary to distribute the same, in
the manner provided in the second section of this act, togeth- Distribution
or with one hundred copies in addition, to be deposited in the "^ Reports
Secretary's office, for the use of the State.
Sec. 2. It shall be the duty of the Secretary of State to Secretary of
distribute the said reports, in the manner following, to wit: ^'.^^^ 'o ^'^^-
he shall deliver one copy to each of the justices of the g^. ""^bute rep'ts
preme Court, and the respective judges of the circuit courts;
one copy to the Attorney General, each State's attorney, To whom dis-
and to each clerk of a court of record in this state, except tributed.
the Supreme Court; one copy to each probate justice, and five
copies to the clerk of the Supreme court; one copy to the
Executive of each State in the United States, and five copies
to the Executive of the United States; and one copy to each
of the officers of the Executive department of this State, vfho
are required to keep their offices at the seat of government.
Sec 3. Upon the delivery of the requisite number of any
volume of said reports, ic shall be the duty of the Secretary
of State to deliver to said reporter a certificate, specifying Certificate to
the number of copies of said reports, which shall have been ^'^po^''^^'
delivered to him, and on presentation of said certificate to the
auditor of public accounts, he shall issue his warrant upon Duty of Audi-
the treasury for such an amount as said volumes shall amount 'o"*
to, at the price for which said books shall be sold to individ-
uals: Provided, said price shall not exceed the ordinary price Proviso
of law books of the same description, to be determined by
the Auditor, Treasurer, and Secretary of State.
Approved, February 1, 1840.
AN ACT to legalize the assessment of taxes taken in the counties of Mc- in force
Henry and Stark, in the year 1839. Yeb. I 1840.
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That the assessment of
taxes taken in McHenry and Stark counties in the year 1839. Assessment
shall be good and valid, and in every respect legal as if the legalized
same had been taken under the provisions of the act concern-
ing the public revenue, approved Feb. 26, 1839.
Approved, February 1, 1840.
78 LAWS OF ILLINOIS,
In force, AN ACT to amend "An act authorizing Samuel Witters to build a toll
Feb. 1, 1840. bridge across the Skillet Fork of the Little Wabash."
Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Jlssembly, That the aforesaid Wit-
ters, or his legal representative, is hereby allowed to demand
Rate ^ of toll {x\A receive the following rates of toll irom each person or
perooijs for crossing said bridge, to wit: for each head of hogs,
sheep, or goats, crossing said bridge, one cent; for each head
of cattle, horses, mules or asses, the sum of three cents; for
each foot passenger, six and one fourth cents; for each man
and horse, twelve and a half cents; for each one horse waggon
or carriage, eighteen and three fourth cents; for each two horse
waggon drawn by horses or oxen, twenty five cents; for each
four horse waggon, thirty seven and a half cents, whether
drawn by horses or oxen; for each six horse waggon, whether
drawn by horses or oxen, fifty cents; the said VVitters shall be
allowed to demand and receive for any species of property not
herein enumerated in proportion to the above rates of toll.
Persons ex-,- Said Witters shall not be allowed to exact any toll from peo-
empt from toll pig g^jj^g ^Q Qj. returning from worshipping Almighty God.
This act to take eflect and be in force from and after its pas-
sage.
Approved, February 1, 1840.
In force, AN ACT concerning sheriffs, coroners, constables, justices of the peace,
Feb. ], 1849. and probate justices of the peace.
Sec. L Be it enacted by the People of the State of Illinois^
represented i?i the General Assembly, That whenever any Sher-
When officers 'ff» Coroncr, Constable. Justice of the Peace, or Probate Jus-
fail to pay mo- tice of the Peace in this State, shall, after proper demand
offfceT^b^'^*^ made, fail, neglect, or refuse, to pay over any sum or sums of
cated money, collected or received by such officer, in, and by virtue
of hi? office, his said ofilce shall be forfeited and vacated.
Sec. 2. Whenever in pursuance of the laws of this State,
any judgment shall be had, or taken, against any sheriff,
coroner, constable, justice of the peace, or probate justice
of the peace, for any failure neglect or refusal of such officer,
to pay over any sum, or sums of money collected or received
by him, in and by virtue of his office, and it shall appear to
the satisfaction of the court, that proper demand for the
same has been made, it shall be the duty of the court, or jus-
tice of the peace, before whom such judgment is had or ta-
When office ken, further to adjudge and decree that the office of such offi-
io be forfeited cer, SO failing, neglecting, or re/using, as aforesaid, is forfeit-
and vacated g^j g^j^^j vacated, and such vacancy shall be filled as in other
cases of vacancy, as is now provided by law.
Approved, Feb. 1, 1840.
LAWS OF ILLIlNOIS. 79
AN ACT to amend the several laws in relation to the Illinois and Mi- In force,
chigan Canal. Feb. 1, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the Genei\d Assembly, That it shall be the duty
of the commissioners of the Illinois and Michigan canal to Canal com-
seli so much of the canal lands and lots, the present year, mifion^rs to
, .1 ,\ • 1 ^ 1 jr sell lands and
as may be required to pay the mterest on loans made lorj^^g
canarpurposes; sales made under this act shall be conducted
and under the same restrictioDs as required by the act to
which this is an amendment: Provided, however, If the com- Proviso
missioners shall be of opinion th'? interest of the State requires
more than ten per cent, to ho pnid at the time of sale,
they shall state in their adverti f^mcn^s the amount that will
be required to be paid at the tinv of purchase.
Sec 2. Where timber |nn(i is selected for sale, it shall Timber land
be the duty of the commissioiiers to divide it into small lots, ^^'^jj^^^^"'
not to exceed forty acres in one lot, and to require one
fourth of the purchase moi.ey to be paid at the time of Purchase mo-
purchase, and the balance to be paid in three annual in- '^^y
stalments, with six per cent, interest, paid in advance for the
first year. Sales made under the provisions of this act sh'^ll
be subject to the same forfeitures and restrictions as required Restriction
in the several acts authorizing the sales of canal lands.
Sec. 3. There shall be one principal engineer, who shall Principal en-
have a salary of tvs^o thousand dollars per annum; there shall S^"^^"^
be one resident engineer, who shall have fifteen hundred Resident en-
dollars per annum; there shall be seven assistant engineers, ^"';^'" ^
who shall each have a salary of one thousand dollars per an- Sak
num. And the engineers aforesaid shall not receive any other
compensation for their services, under any pretence what-
ever: Provided, that the work on the canal progresses. But it Proviso
shall be the duty of the board of canal commissioners to dis-
charge such assistant engineers, whenever said work is sus-
pended.
Sec 4. It shall be the duty of the commissioners, when
any person or persons claim damages that they may have Damages
sustained, by the construction of the Illinois and Michigan ^la^^^ed, how
canal, to settle with any such person or persons for the dam-^ -^"^ ^
ages they may have received, and pay the same: Provided, ^i-owiso
If the commissioners are of opinion the claim is too high, and
the claimant will not take a fair compensation, they shall call
the appraisers as required in the act to which this is an
amendment, and they shall proceed, as required in said act.
Said appraisers shall receive a reasonable compensation, not
to exceed five dollars per day, for their services, for the
time necessary to perform the duties required of them as
such appraisers, and shall be paid out of the canal fund.
Sec. 5. That the board of public works of this Stale,
whose appointment is provided for in a bill, entitled "An act
to provide for the settlement of debts and liabilities incurred
tanfs
Jaries
80 LAWS OF ILLINOIS.
on account of internal improvements, in the State of Illinois,"
Bo'd of public shall be, and they are hereby, authorized to employ not cx-
works may ceedinff four assistant engineers, at a salary not exceeding
employ eng'rs^^^ thousand dollars per annum.
Salaries ofen- Sec. 6. That the compensation of the chief engineer,
gineers whose appointment is provided for in the bill referred to in
the preceding section, shall be two thousand dollars per an-
num, any bill or law to the contrary notwithstanding.
Sec. 7. The act passed February 27, 1839, entitled "An
act to provide for a loan for canal purposes," is hereby so
Act changed changed as to authorize the interest upon bonds hereafter
sold under the provisions of said act to be paid semi-annual-
ly-
Auditor toset- ^^c. 8. The Governor, Auditor, and Treasurer of this
tie accounts State, shall settle the accounts of the several agents employ-
of canal ag'ts e(^ by the Governor, within the last year, to negotiate canal
loans, or to convey funds from eastern cities to this State,
and allow them respectively, a compensation of tive dollars
a day for the time occupied by them in the performance of
those services; except in case where a difTerent agreement
has been made with them by the Governor; and if any such
agent has retained a greater compensation than herein al-
lowed, he shall be required to refund the overplus, and the
Proviso same shall be added to the canal fund: Provided, That no
person shall be entitled to receive from the State a per diem
compensation for services performed in two or more ditferent
capacities at the same period of time.
Sec. 9. Should there be no funds on hand to meet the
liabilities of the State to the contractor, for labor done on
the Illinois and Michigan canal, at the estimate to be made
Com'rs to is- on the first of March next, it shall be the duty of the com-
sue checks to missioners of said canal to issue their checks to contractors
pay contrac- ^q,, such amount as may be found then due, as now provided
^'^" by law, and payable whenever funds have been deposited for
be'ar 6%r ct. that purpose, bearinsf an interest at the rate of six per cent:
interest Provided, That this provision shall not extend to estimates
Proviso made after said first day of March next: Provided, also, That
in no case shall such checks be issued for a smaller amount
than one hundred dollars.
Approved, February 1, 1840.
In force,
Feb. 1, 1840.
AN ACT to change the name of the county of Dane to that of Christian.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the name of the
Christian co. county of Dane shall hereafter be Christian.
Approved, Feb. 1, 1810.
LAWS OF ILLINOIS. 81
AN ACT making partial appropriations , In force,
Jan. % 1840,
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the Auditor of Pub- D'lty of audit-
lie Accounts be, and he is hereby required to draw warrants Members of
on the treasury for the sum of one hundred dollars to each Geu.Assem-
member of the General Assembly, and a like warrant to the g fp'^£.g^^ec.
Speaker of each House, the Secretary of the Senats, and the ois'enate,CI'k
Clerk of the House of Representatives, and Assistants of each of H. R., As-
House, to each of the Enrolling and Engrossing Clerks, and J'^lf^J,^; ^,"^3
door-keepers, and each Assistant door-keeper, of both Houses, boor-keeperg,
Approved, January S, 1840. -in^l Assist-
' -' ' ants, $100
AN ACT making additional appropriations for the years 1839 and '40. In force,
Feb. 1, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
■represented in the General Assembly, ^ That there shall be ^J- speaker ofSe-
lowed to the Speaker of the House of Representatives and the nate & House
Speaker of the Senate, each, the sum of seven dollars per day of Represen's
and four dollars for every twenty miles necessary travel, in Mileage
coming to and returning from the seat of government of this
State.
Sec. 2. To each member of the Senate and House of Re- Members of
presentatives the sum of four dollars per day for every day's Senate and H.
attendance at the present session of the General Assembly, ^^^present's
and four dollars for every twenty miles necessary travel, in Mileage
coming to and returning from the seat of government.
Sec. 3. To the Secretary of the Senate and principal Sec'y of Fen.
Clerk of the House of Representatives six dollars per day, and' Principal
and to each assistant clerk of the Senate and House of Rcpre- ^^^""'^ °^ ^" ^'
sentatives the sum of six dollars per day. The number of ^^^'®'''^'^'''^*
days employed to be certified by the clerk of each House re-
spectively.
Sec. 4. • To the engrossihg and enrolling clerk of each e. & e. clerks
house five dollars per day, and to each assistant engrossing Assistants
and enrolling clerk of both houses four dollars per day. The
number of days employed to be certified by the engrossing and
enrolling clerks.
Sec 5. To the door keeper of each House, four dollars Doorkeepers
per day.
Sec 6. To Andrew Johnson four dollars per day, during A. Johnson
the time employed in reading bills, messages, &c. for the
House of Representatives, and six dollars per day during the
time he acted as assistant clerk of the House at its present
session.
Sec 7. To David Prickett six dollars per day during the p. prfckett
time he acted as clerk of the House at its present session, the
number of days employed to be certified by the Speaker.
6
82 LAWS OF ILLINOIS.
W.L., Graves Sf,c. 8. To William L.Graves lifteea dollars and fifty
cents, amount expended by him in going to Pike county to
summon witnesses in the contested case between Richard Kerr
F, B. Hicks and Oscar Love; and to F. B. Hicks the sum Oi^ four dollars
per day and fifteen dollars for expenses in going to Coles to
summon one witness in the same case. The number of days
to be certified by the Speaker.
Mileage to old Sec. 9. To the officers of the Senate and House of Re-
officers presentatives, who were chosen at the last session of the Gen-
eral Assembly, and who are in attendance at the present ses-
sion, the sum of two dollars for every twenty miles necessary ,
travel in coming to and returning iVom the seat of Govern-
Exception ment, except such as are herein otherwise allowed travellings
fees.
J.Cook Sec 10. To baac Cook four dollars per day, for nineteeii
days, in summoning witnesses on the charges preferred against
the Hon. John Pearson, by James M. Strode and others, and
fifty dollars for expenses.
J. Tfiylor ^^ Jchn Taylor four dollars, for articles furnished for the
burial of the Hon. James Copeland.
H. Woodson To Harriet Woodson for articles furnished, and services ren-
dered in the same case, five dollars.
J. Brewer To John Brewer five dollars for digging the grave tor the
Hon. James Copeland.
Sec'yofCoun- To the secretary of the council of revision four dollars per
cilotRevisiou^jay. the number of days employed to be certified by the
council of revision.
T. Moffett To Thomas Maffit five dollars, for swearing the new mem-
bers of the House of Representives, and swearing witnesses in
the Pike county contested seat, and on the charges preferred
against the Hon. John Pearson.
J. N. English To John N. English, for fifteen days attendance as assistant
door-keeper to the House of Representatives, four dollars per
day.
L.T.Jemison To L. T. Jemison, clerk of the joint select committee, ap-
pointed to investigate the affairs of the State Bank, four dol-
lars per day; the number of days employed to be certified by
said committee.
See'/ of Sen. To the secretary of the Senate and principal clerk of the
and Prin. cl'k House of Representatives, the sum of two hundred and fifty
■ ■ dollars each, ibr furnishing a copy of the Journals of the pro-
ceedings of the two branches of the Legislature for publica-
tion.
Doorkeep'rof To the door-keeper of the council of revision three dollars
Coun. Revis. and fifty cents per day, the number of days employed to be
certified by the Governor.
Ass't doork'r To each assistant door-keeper of the Senate and House of
Sen, & H. R . Representatives four dollars per day.
O.Love To Oscar Love four dollars per day, during the time he
held his seat as a Representative from the county of Pike; the
LAWS OF ILLINOIS. 83
number of days to be certified by the clerk of the House of
Representatives, and the same rate of mileage as other mem-
bers.
To A. Trailer thirty-one dollars and fifty cents for making a . Trailer
a coffin, and other services rendered in the burial of the Hon.
James Copeland.
To James T. Collier three dollars and fifty cents per day, J. T. Collier
for attending to the offices of Secretary of State, and to
the engrossing and enrolling clerks of each House; the number
of days employed to be certified by the Secretary of State.
To H. E. Bridge & Co. the sum of five hundred and eighty- H.E. Bridge &
four dollars and ninety-seven cents, being in full for articles ^°'
furnished for the use of the State.
To Joseph Thayer *& Co. seventeen dollars and nineteen J . Thayer &
cents, in full, for articles furnished for the use of the State. ^°-
To John H. Smith twelve dollars and fifty cents for bawling J- H. Smith
saw dust for the use of the House of Representatives.
To C. B. De Reimer & Co. twelve dollars for articles fur- c. B. De Rei-
nished for the use of the office of Secretary of State. ™^' ^ ^°-
To Robert Irwin & Co. two hundred and sixty-five dol- R. Ir\7in &.
lars, in full, for articles furnished for the State. ^^•
To A. Trailer thirty dollars, in full, for articles furnished for A. Trailer
the use of the State.
To the Secretary of State, for copying laws, making margi-Sec'y qf State
nal notes, and index to the same, and making index to the
Journal of the Senate and House of Representatives, reading
proof sheets and superinteixding printing, the sum of five hun-
dred dollars.
To A. P. Field, for his expenses to Louisville to purchase A. P. Field
stationary for the Legislature of 1837 and 1838, the sum of
seventy-five dollars.
To James P. Langford two hundred and thirty dollars and j. p. Langford
six cents, in full, for work done and materials furnished for the
State.
To John G. Burgan, for the use of the first Presbyterian j.G.Bergan
church, fifteen dollars for work done for the use of the State.
To S. M. Tinsley sixty-four dollars and seven cents, for arti- s. M. Tinsley
cles furnished for the use of the State.
To John Hart two dollars and thirty-eight cents, for dray-j jjaj-j
age of wood for the Council of Revision.
To Joseph Thayer twenty -five dollars, for the rent of a room J. Thayer
for the engrossing and enrolling clerk of the House of Repre-
presentatives.
To E. H. Bridges & Co. one dollar and twenly-fivc cents, e. H. Bridges
for articles for the use of the State. ^ Co. ,
To John Clifton eighteen dollars and seventy-five cents, for J. Clifton
the use of a room, fire and lights, furnished for the committee
appointed to investigate the affairs of the State Bank.
To G. Birchail & Co. one hundred and thirty seven dollars c, Birchall &
and seventy-five cents, in full, for articles furnished for the use Co.
of the State.
84 LAWS OF ILLINOIS.
Webster anil To Webster and Hickox, for articles furnished for the funer-
Hickox gj j)f ^j^g jjon. James Copeland, five dollars.
G. Elkin To Garrett Elkin, for a room furnished for the use of the
Council of Ri vision, the sum of fifty-seven dollars.
P.Beevs To P. Beers, for the use of the Christian church, by the Su-
preme court, at the last July term, the sum of fifty dollars,
Prot. Episco- ^ To the wardens and vestrymen of the Protestant Episcopal
p:il church ^hurch, for the use of said church by the Supreme court atits
present session, the sum of fifty dollars.
Trustees _2nd To the trustees of the second Presbyterian church, the sum
^r^cr^"'*" of two hundred dollars, for the use of their church as a Hall
for the House of Representatives.
M.K. Ander- To Moses K. Anderson, adjutant general of the Illinois
20° militia, the si.m of twenty dollars and eighty-two cents for ser-
vices rendered in the year 1839, from the fifteenth day of Oc-
tober last to the 3ist of December, 1839.
Trustees 2Dd The trustees of the second Presbyterian church may retain ]
Presbyterian ^|jg f;^^^ stoves now in the same, lor the use of said church, un-
^ "^'*^ * til said stoves be required for the use of the State.
Duty of Audi- The Auditor of Public Accounts shall issue his warrant on i
tor the Treasurer in favor of the different persons hei-etofore;
named for the several sums annexed to their respective:
names. i
Inspectors of The Auditor shall issue his warrant in favor of the inspcc- -I
Penitentiary ^-^j-g gf ^j-jg Penitentiary for such sum or sums as may be certi- •
fied by them, to be necessary to pay guards for securing con- '
victs in the Penitentiary, for which there are no cells: Providcd^l
they shall not pay more than one dollar and twenty-five cents j
per day for each guard necessarily employed.
J. L.Lamb ^^c. 11. To James L. Lamb the sum of eighteen dollars \
„ , . 1 and fourteen cents, for candles. i
Edwards' To Rankin and Edv/ards, eight dollars.
Methodist E. To the Methodist Episcopal church, for the use of house
church by the Senate, the sum of one hundred and fifty dollars, and
the use of the stoves and other furniture until called for by the i
Senate,
G.T.Edwards To George T, Edwards, for assisting the sergeant at arms,
the sum of four dollars. j
Prot, Episco- The additional sum of fifty dollars for the use of the Episco-
pal church pal church.
T.Bryant To Thomas Bryant, sheriff of Peoria county, the sum ofj
one hundred dollars, for apprehendhig Wm, B. Thomson, a '
convict who escaped from the Penitentiary in 1836, and de-
livering him to the warden of the penitentiary in 1839.
P, A. Saun- Sec, 12. To P. A, Saunders, for rent for a room for the
ders clerks' office of the Supreme court, from the 29th of July,
1839, at the rate of seven dollars per month, to be paid on the
certificate of the clerk of said court.
D.Tlaggsdall To D, Ragsdall the sum of sixteen dollars, for four days ser-
vices as assistant sergeant at arms at the present session.
LAWS OF ILLINOIS. 85
To John Williams, for fitting up room for the sittings of j. Williams
the Supreme court, twenty-five dollars, July term.
To Mr. Hough, for fiu-nishing coal for the use of the Su- ^^j^._ Hous;h
preme court, sixteen dollars.
The Board oi Public Works provided for, and created by
the provisions of an act to provide for the settlement of debts
and liabilities incurred on account of Internal Improvement, j^^ ^^^ ^^^_
in the State of Illinois, passed at the present session of the tracts to be let
General Assembly, are hereby prohibited from letting any ad- on public
ditional contract upon any rail road, turnpike road, or river ^^'•^^■^^•
in this State, until further authorized by law so to do.
Appkoved, February 1, 1840.
AN ACT authorizing the revalur,tion of sections number sixteen, in certain
^^^^^- Feb. 1, 1840.
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That in all cases where a
majority of the inhabitants of any township in this State,
shall be of opinion that section number sixteen, or any part j^j^yg'^eg^jj\^_
thereof, has been valued at a rate so high as to prevent theiuedtoo high,
sale thereof, and shall by petition set' forth that fact, to the^^y be reva-
trustees of said township, they shall cause the same to be re-
valued, and re-otTered for sale, in the same manner as though
no valuation had been previously had thereon: Provided,
That in no case of a second valuation, shall it be legal to fix
the value thereof below the rates at present fixed by law; this
act to be in force from and after its passage.
Approved, Feb. 1, 1849.
AN ACT to resurvey a part of the State road leading Irom Decatur to in force,
Danville. Feb. 1, 1840,
Sec. 1. Be it enacted by the People of the State of Illinois,
representzd in the General Assembly, That Henry Zorges, Eli-
sha Querry and Joseph Spangler, be, and they arc hereby ap-CojQ,j.g to re-
pointed commissioners, to view, mark, and relocate, so much locate road
of the State road, leading from Decatur to Danville, as lies
between tVve Sangamon river and the section line north east
of tie residence of Guy Helm.
Sec. 2. That the saici commissioners, or a majority of them. Time & place
shall meet at the House of Guy Helm, on the first Monday of meeting.
of April, or within six months thereafter; and after being
sworn be^'ore some justice of the peace, shall proceed to view,
mark, anc relocate said road on the most eligible ground.
Appbovsd, Feb. 1, 1840.
\
86 LAWS OF ILLINOIS.
In force, AN ACT in relation to'certain roads in Greene county.
Feb. 1, 1840.
Sec. L Be it enacted by the people of the State of Illinois^
represented in the General Assembly^ That the survey and loca-
WhiteiaT to ^'^^'^ °^ ^^^® ^^^^ ^''^"^ Wliite Hall to the Illinois river, as loca-
Illinois river, ted by the Commissioners appointed under "An act authoriz-
valid ing the county cmmissioners' court to construct certain roads
inGreene county," approved March 2, 1839, shall be deemed
as good and valid as il the same had been done according to
the provisions of the above recited act.
I Sec. 2. The roads mentioned in the aforesaid act shall be
deemed State roads, and kept in repair as other State roads
are.
Approved, February 1, 1840.
In force ^-^ ACT changing the times of holding circuit courts in Jersey, Cass, and
Jan. 30, 1840. Scott counties.
Sec. 1. Be it enacted by the People of the State of Illinois,
rejjresented in the General Assembly, That the times of hold-
ing the circuit courts in the counties of Jersey, Cass, and
Scott, shall hereafter be as follows:
Times of In the county of Jersey, on the Thursdays before the first
hoWingcourts Mondays in May and November.
Cas^^^^ In the county of Cass, on the Thursdays before the fourth
Mondays in May, and first Mondays in October.
Scott. In the county of Scott, on the fourth Monday in May, and
first Mondays in October; and all causes depending in said
courts respectively, shall stand for trial at the terms aforesaid,
Return of and ail process which has been or may be issued, returnable to
the terms as heretofore fixed by law, shall be deemed and
held to be returnable, at the terms fixed by this act, and all
reeoonizances or obligations required to be complied with in
the said courts, at the terms heretofore provided for, shall be
deemed and held as recognizances or obligations to be com-
plied with at the terms fixed by this act.
Approved, January 30ih, 1840.
process.
r r AN ACT relating to certain records in the counties of Franklin, Villiam-
, ^° o^°^''o'.n son, Morgan, and Cass.
Jan- 30, 1840. ' " '
Sec. 1. Be it enacted by the People of the State of lllinds.
Records of represented in the General Assembly. That tho county comrais-
Franklin. gioners' court of Franklin county, 'be, and they are hereby au-
thorized to contract with any suitable person, for the
transcribing, into suitable books, all deeds and oth«r imtru-
ments of writing, heretofore recorded in said recorder's o/Kce,.
and that they be allowed to pay such person a reasonable
compensation for his services.
LAWS OF ILLINOIS. 87
Sec. 2. The county commissioners' courts, of the counties Williamson
of Williamson, and Cass, be, and thej are hereby, anthorizcd ''^^'
to contract with any suitable persons to transcribe, into suitable
books for that purpose, all deeds, and other instruments of writ-
ing, heretofore recorded in the recorder''s office of the counties
of Franklin and Morgan, which in any wise affect the interest, Franklin and
or belong to, the counties of Williamson and Cass, and that Morgan,
they pay such persons a reasonable compensation for their
services.
This act to take effect and be in force from and after its
passage.
Approved, January 30th, 1840.
AN ACT fixing the time of holding the Summer term of the Supreme Court. In force,
Feb. 1st, 1840.
term
Sec. L Be it enacted by the People of the State of Illinois, SummeT
represented in the General Assembly, That hereafter the sunfi-°^'^"P^"^"^®
mer term of the Supreme Court shall commence on the first
Monday in June, in each year, and all parts of laws inconsist-
43nt with this act are hereby repealed. ^^"^^ repcal-
Approved, February 1st, 1^40.
AN ACT in relation to the county of Williamson. jn force
Sec. 1. Be it enacted by the People of the State o/ //Zz?ioz5, DutjofSecre-
represenled in the General Assembly, That the Secretary oftar_y ofState
State be required to furnish to the judge of the third judicial
circuit, and to the clerk of the circuit court of the counties of
Franklin and Williamson, a certified copy of a law passed at
the present session, entitled "an act to amend an act to amend
an act establishing the county of WiHiamson."
Sec. 2. The judge of the third judicial circuit is hereby Ju^lge of 3d
required to hold courts in the county of Williamson, at the ^ilu^l' ./° ^^If,
town of Marion, in pursuance of law. liamson
Approved, January 31st, 1840.
AN ACT requiring School Commissioners to distribute 5,-chool funds at the In force,
county seats. Jan 31, 1840,
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That it shall be the duty
of the School CommVi^ioners of the several counties of this
State, to distribute the school funds to the teachers and treasu-
rers of townships, in their respective counties, at the county
seats of said counties: And it shall also be the duty of said
commissioners, to give four weeks public notice of the time of
making such distribution.
Approved, January 31st, 1840.
\.
68 LAWS OF ILLINOIS.
In force, AN ACT fixing the times of bo Jding Courts in the Sixth Judicial Circuit.
March], 1840.
Time of hold- Sec I. Be it enacted by the People of the State of Illinois,
iiig courts in ^.^pyg^gnted in the General Assembly, That the circuit courts of
the several counties composing tlie sixth judicial circuit, here-
inafter namec, shall be holden at the county seat ofsaid coun-
ties at the tinnes following:
Stephenson In the count J of Stephenson, on the first Mondays in Aprii
and September.
Winnebago In the county of Winnebago, on the Thursdays after the first
Mondays in April and September.
Boone In the county of Boone, on the first Thursdays 8.fler the
second Mondays in April and September.
Lee In the county of Lee, on the third Mondays in April and
September.
Whiteside ]n the county of Whiteside on the first Thursdays after the
third Mondays in April and September.
Kock Island j^ the county of Rock Island, on the fourth Mondays [in]
April and September.
In the county of Carroll on the next Mondays after the fourth
Mondays in April and September.
In the county of Jo Daviess, on the second Mondays in May^
October, and February.
Sec. 2. All writs, subpoenas, and other process, which may
j.ioc ss ^^ issued and made returnable to the terms of courts in said
circuit, as heretofore required to be holden, shall be deemed
and taken to be returnable to said courts, as required to be
holdcnunder this act; and all proceedings pending in any of
said courts, shall be taken up and disposed of according to law,
as 'f no alteration had been made in the times of holding said,
courts.
This act to take effect and be in force from and after the
first day of March next.
* Appkoved, January 29tb, 1840.
In force, ^n ACT to amend "An act e&tablishln^ the county of Williamson," ap-
Jan. 18, 1840. proved February 28, 1839.
Williamson Sec. 1. Be it enacted by the People of the State of Illinois,,
attached 3d ^.p^^sented in the General Assembly, That the county of Wil-
Siir" "" " liamson be attached to, and form a part of, the third judicial
Duty of judge circuit of the State of Illinois, and the Judge of said circuit is
Cari-oll
Jo Daviess
Writs and
to holil court hereby required to appoint a circuit clerk ^'i said county, and
Time of court *o hold circuit courts in said county, on the Monday after the
circuit court in the county of Johnson, until othertvise di-
rected.
Sec. 2. Until a new apportionment is made, the Auditor of
S"'!o°* ''av^''' PuJ^lic Accounts shall issue his warrant in favor of the School
school fund to Commissioner and agent for the inhabitants of ^'illiamson
Williamson county, lor one-half of the distributive share o/the school fund^
county
LAWS OF ILLINOIS. 89
belonging to the county of Franklin, under the last appor-
tionment.
Sec. 3. The county of Franklin and Williamson, at the Election for
next general election for Senator and Representatives to the ^^"^'^•^'" '^^^
General Assembly, shall each be entitled to elect one Repre- tives
sentative, and the county of Williamson shall vote with the
counties of Franklin and Jackson, for Senator; and the clerk Duty of clerk
of Williamson county shall be required to perform all the duties°''^^i''i^™30"i
in relation to such election, as is required of the county clerk of e^g^tions*^
the county of Jackson.
Sec. 4. The official acts of all officers rendering services Acta ofofficcrs.
in their official capacities, in the counties of Williamson and ^'^S^"^'^'^
Franklin, since the first Monday in August last, are hereby de-
clared lo be legal as though no division had taken place; and
the election of all officers which took place in the counties of
Williamson and Franklin, on the first Monday in August last, ^^e.^tioj^s ie-
is hereby legalized, and commissions required to be issued ac- S^"^^*^
cordingly: and the clerk of the county commissioners' court of ^"^^ °', ^^5*"^-
Franklin county, is hereby required to hand over to the coun- county"
ty clerk of Williamson county, all bonds which he may have
received ofofficcrs elected in the county of Williamson, at such
election, and said bonds shall be filed in the clerk's office of Bonds of ofS-
said county, and be in force as though they were given to such "^^""^
clerk.
Sec. 5. The act establishing Frankfort the county seat of A^ct repealed
Franklin conn iy, is hereby repealed.
This act to be in force from and after its passage.
Approved, January 18th, 1840.
AN ACT exempting certain articles from execution, in addition to those In force.
already exempt by the laws of this State. June 1, ISlO*.
Sec. 1. Be it enacted by the People of the State of Illinois, property ex-
represented in the General Assembly, That each person, being empt from ex-
the head of a family, and residing with the same, shall retain, ^'^"^^"^
exempt from execution, in addition to the property now exempt
by the laws of this State, one horse, or 3'oke of oxen, not ex-
ceeding in value sixty dollars: Provided, Such head of a Proviso
family shall follow the cultivation ofthe soil, for the. maintain-
ance of himself and family, or should such head of a family be
a mechanic, and follow the art of his profession, for the main-
tainance of himself and family, such mechanic shall retain
sixty dollars worth of tools suited to his profession.
Sec. 2. Should any disagreement arise between any officer Appraisetpens
and defendant in execution, about and concerning the value of property
of any species of property allowed by the first section of this
act, it shall be the duty of such officer forthwith to summon two
disinterested householders, who, after being duly sworn by
some justice of the peace, shall proceed to appraise said pro-
90 LAWS OF ILLINOIS.
pcrty, as each defendant may select, as mentioned in the first
section of this act, not exceeding in valuation sixty dollars.
This law to take an etFcct upon all contracts, or cause of
actions, accruing from and after the first day of June next.
Approved, February 1st, 1840.
In force, AN ACT fixing the times of holding the spring terms of the circuit courts
Jan. 29, 1840. in the counties of Coles and Champaign, and authorizing an addidonal
term of the circuit courts of Vermilion and Edgar counties.
Spring terms Sec. 1. Be it enu'ted by the People of the State of Illinois'
oi courts '^^ represented in the General Assembly, That the spring terms of
Champaion ^^^^ circuit courts, for the counties of Coles and Champaign,
shall he commenced at the times hereinafter specified, and
Exceptions shall continue to be held from day to day, (Sundays excepted)
until the business shall be disposed of, unless it shall be neces-
sary to close the term to enable the judge to attend in the
next county to hold court, viz: in the county of Coles, on the
Time of courts third Monday in the month of March; in the county of Cham-
paign on Wednesday before the first Monday in June,
aireabie '^' ^^^' '^* "^^^ process, suits, and recognizances, which have
beer., or may be, entered into, and made returnable, to the
said courts as at present arranged, shall be taken and consid-
ered to be returnable to the terms fixed by this act, and all
proceedings, either civil or criminal, w^hich are now pending,
shall be taken up and disposed of according to law, in the
same way as if no alteration had been made in the times of
holding such courts.
Additional^ Sec. 3. There shall be an additional term of the circuit court
in^™Vermilion ^^l'^ annually, in the counties of Vermilion and Edgar, at the
and Edgar times herein directed, viz: In the county of Vcrmihon, on the
first Monday in June, and in the county of Edgar on the sec-
ond Monday of June.
Sec. 4. This act repeals all acts and parts of acts coming
Acts repealed within its provisions, and shall be in force from and after its
passage.
• Approved, January 29th. 1840.
In force, AN ACT to amend an act entitled an act to amend the several acts in
Jan. 18, 1840. relation to common schools, approved March 4, 1837.
Part of act re- Sec. 1. Be it enacted by the People of the State of Illinois,
pealed represented in the General Assembly, That so much of the act
entitled "an act to amend the several acts in relation to com-
mon schools," as requires Iwo-thirds of [the] votes to be in favor
of beccoming incorporated, is hereby repealed: And hereafter
it shall only be necessary for a majority of the legal voters of
any township in this State, to vote for becoming incorporated,
LAWS OF [LLINOIS. 91
to entitle them to all the provisions of the act to which this is
an amendment.
Approved, January 18th, 1840.
AN ACT to authorize and require the school commissioner of Sangamon In force,
county to pay over certain school funds to the school commissioners of Jan. 28, 1840.
Menard, Logan, and Dane counties.
Sec. 1. Be it enacted by the People of the State of Illinois-, Commissionev
represented in the General Assembly, That as soon as the school of Sangtiu.c.n
commissioners of Menard, Logan, and Dane counties, shall ^g^^JP^^^^^'j'^"
enter into bond with the county courts of their respective coun-&c
ties, for the proper discharge of their duties, and present a
certificate of the county clerks of their respective counties,
certifying to the facts of their having been thus authorized to
receive said funds, the school commissioner of Sangamon
county, be, and he is hereby, required to pay over the town-
ship funds belonging to the several townships within the limits
of the counties of Menard, Logan, and Dane.
Sec. 2. The Auditor of PubKc Accounts shall apportion Duty of audit-
the funds to be distributed on the first Monday in January"^
next for the use of schools in Sangamon county, in the follow- proportjoQ
ing proportions, to wit: to Menard county, five hundred dol-to counties
lars; to Logan county, two hundred and fifty dollars; to Dane
county, two hundred and fifty dollars.
Sec. .3. All abstracts and schedules, and other useful papers, Schedules,
comprising maps, reports of trustees, and all other useful pa- ^^P^''"^P°'^'^»
pers that have been, or may hereafter be, presented to the
school commissioner of Sangamon county, that properly be-
long to any and all of the several townships within the limits of
the counties mentioned in the first section of this act, shall be
furnished to the proper commissioners, on or before the thirti-
eth day of December, 1839, if application be made for the
same.
Sec. 4. It shall be lawful, hereafter, for the county courts New counties
of all new counties, formed, or to be formed, in this State, after 8chod*com-
the organization required by law, to appoint a school commis- missioners
sioner; and said commissioner, on producing evidence of his
appointment, as required by the first section of this act, is
hereby authorized to demand, sue for, and receive from, the
county or counties from which the same sha.'l have been tak-
en, or out of which such new county, was, or may be, formed,
all moneys, papers, or other valuable things, that of right be-
long to the inhabitants of said new county.
Sec. 5. The school commissioners of Menard, Logan, andSchedu]es,&c
Dane counties, shall be allowed to receive schedules and ab- o^ Menard,&.o
stracts of schools, up to the second Monday of Januaiy next; and
they shall also be allowed the further time of one week to pre-
pare for paying claims, but nothing herein contained shall ba
92 " LAWS OF ILLINOIS.
so construed as to delay pajmenters long';than the third Mon-
day of January, A. D. 1840.
Commissioner Sec. 6. That the school commissioner of Schuyler county,
of ^^chuyler to j^jj^^jg^ gj-,j^ll j^g required to withhold payment of any part of
money till that portion of the interest on the school, college, and semina-
commissioner ry fund, drawn by said commissioner for the use of schools of
^[^'■"'^Y'i^" said county, for the year eighteen hundred and thirty-nine,
esc etues ^^^.j ^,^^ g^hool commissioner of the county of Brown, shall
present the schedules of teachers of schools in the said county
of Brown, which may be made out according to law, and the
said commissioner of Schuyler shall then apportion the said
fund amongst the several teachers of both [of J said counties,
as the law required previous to the creation of the county of
Proviso Brown: Provided^ The school commissioner of Brown county
shall present said schedules to the commissioner of Schuyler
county, on or before the fjr;:;t day of June next.
County school Sec. 7. That the school commissioner of Schuyler county
fund of Brown gjja^ll jj^ required to settle with, and pay over to, the school
comnjissioner of Brown county, such portion of any county
school fund, v/hich may be in his hands, to which the county
of Brown may be equitably entitled, in consequence of the
division of the said county of Schuyler: and that the data by
which the apportionment and division of any such fund shall
be made, shall be fixed upon by the two commissioners of said
counties, and in case of their disagreement, it shall be appor-
tioned according to the number of the votes polled for the can-
didates for Congress, within the limits of said counties, in the
year 1837.
Com'r of Put- Sec. 8. The school commissioner of the county of Putnam
nam to pay is hereby required to pay over to the school commissioners of
shdran?^' the counties of Marshall and Stark, the onehalf of the annual
Stark^ interest received by him, from the State treasury, on the col-
lege, school, and seminary funds (after first deducting the
Am't to Bu- j^mount required by law to be paid to the county of Bureau)
^^^" in the following proportion, to wit: to the county of Marshall,
one-third part; and to the county of Stark, one-sixth part of
the whole remaining fund, as aforesaid. The distributions
and divisions authorized by this act, to continue to be made as
aforesaid, until a distribution is made under the next census.
Appro VED, January 27th, 1840.
In force, A.N ACT to provide for holding an additional term of the circuit court in
Jan. 29, 1840. the county of Peoria.
Spring term of g^.^.^ \ Be it enacted hy the People of the State of Blinois,
'^7^1\hcoun-represented in the General Assembly, That t'.ie spring term of
ty the circuit court in the county of De Kalb, shall be held on the
first Monday in June annually, and all writs and other process
which may be issued and made returnable, at the tjrmof said
LAWS OF ILLINOIS. 93
court as heretofore required to be holden, shall be deemed ^
and taken to be returnable to the said term as required to be
held by the provisions of this act.
Sec. 2. In addition to the regular terms of the circuit court Additional
in the ninth judicial circuit, there shall be held, in the county ^^'jJVJ'^^^Jj^^^^;
of Kane, a term of said court, on the second Monday in July, K,ine and Pe-
and in the county of Peoria, on the fourth Monday in July,oria
annually.
Approved, January 29th, 1840.
AN ACT to provide for the settlement of debts and liabilities incuired on j,-, force
account of Internal Improvements in the State of Illinois. Feb. 1st 1840.
Sec. 1. Be it enacted by the People of the State of Illinois, One Fund
represented in the General Assembly^ That there shall be elect- Commissioner
€d by the joint vote of the two Houses of the present General '^^'^ elected
Assembly, and by each regular General Assembly hereafter,
one Fund Commissioner, who shall give bond and qualify, in
the same manner that Fund Commissioners were required to
give bond and qualify, by and under the provisions of an act,
entitled "an act to establish and maintain a general system of
Internal Improvements, passed 27th February, 1837," and the
acts supplemental and amendatory thereto, and who shall per- Duties
form the same duties that were required to be performed by
the Fund Commissioners, under the provisions of the laws
aforesaid, except that he shall not be authorized to sell State
bonds, or borrow money on behalf of the State, unless hereaf-
ter authorized by law. It shall be the duty of the Fund Com-
missioner to receive all Iron which may have been purchased
for the use of the State of Illinois, at whatever port landed in
the United States; and to provide for its transportation to the
State of Illinois; and to pay all duties, or execute bonds there-
for, in conformity with the several laws of Congress, relating to
railroad iron, freight and charges upon the same; and to enable
the fund commissioner to make such payments, ii shall be law- When State
ful for him to dispose of State bonds to an amount sufficient to bonds may be
pay such charges, being governed in the sale and disposal of ^°
such bonds, by the provisions of an act entitled an act to
establish and maintain a general system of Internal Improve-
ments: Provided, That if there shall be a sufficient amount proviso
of the money borrowed on account of the Internal Improve-
ment system on hand, to pay said charges, the Fund Commis-
sioner shall apply such money to such payment, and shall not
make sale of State bonds for that purpose.
Sec 2. There shall be elected, by the joint vote of the Three Cora-
present General Assembly, and by each regular General As- missionevs o f
sembly hereafter, three commissioners, to be styled the Board ^"blic Works
of Public Works, who shall give bond and qualify in the same
manner that the commissioners of the Board of Public Works
94 LAWS OF ILLINOIS.
were required to give bonds and qualify, by and under the
provisions of rai act entitled "an act to establish and maintain
a general sj^stcm of Internal Improvements," passed the 27th
February, 1837, and the several acts supplemental and
amendatory thereto, and who shall continue in office until
* the first day of January, 1841, and until their successors are
elected and qualified.
Duties, Sec. 3. The said Board of Public Works shall keep their
May employ office in the town of Spriagheld, and may employ in their said
..ecretar} office One clerk or secretary, at the cost of the State, whose
duty it shall be to keep the accounts, and to keep a fair regis-
ter of the actings and doings of the said Board of Public
Works.
Term of ofBce gp^^ ^ 'pj-jg officers elected under the provisions of this act
shall hold their offices until the first day of January, eighteen
hundred c'tnd forty-one, and until their successors are elected
and qualilied, and the said Fund Commissioner and members
of the Board of Public Works, shall each receive the sum of
Pay of Com- four dollars for each day they may actually be employed, and
missioners ^j^^jj ^^^^ ^^ entitled to any compensation for travelling ex-
penses or other contingencies.
Duty of late Sec. 5. It shall be the duty of the late Board of Commissioners
b«^^^^^.°^P'^'^- of Public Works forthwith to deliver up to the Board of Pub-
lic Works, all books, records, maps, drawings, and papers of
every kind and description pertaining to their office, and all
property of every kind and description, in their possession, or
under their control, which belongs to the State.
What proper- Sec. 6. The Board of Public Works shall dispose of such
ty of Sti.te property belonging to the State as is not wanted for immediate
edot^ ^^^°^' use, and is [as] will be subject to waste or depreciation by
keeping, and account to the State for the proceeds of the same,
and shall, to the best of their ability, protect the various pub-
lic works of the State from dilapidation or decay.
Governor to Sec. 7. Should a vacancy occur, during the recess of the
fill vacancies General Assembly, in the office of Fund Commissioner, or
Board of PubUc Works, the Governor shall fill such vacancy
by appointment, which shall expire at the time then next
ensuing for the election for such officer, or at the end of
the next session of the General Assembly, whichever shall
Proviso first occur: Provided^ The appointment of such officer shall
not expire until his successor shall be elected and qualified.
40th section of Sec. 8. The fortieth section of the act to establish and
act revived jnaintain a general system of Internal Improvement, approved
27th February, 1837, is hereby revived, and declared to be
in full force and effect, any law repealing or suspending
said act to the contrary notwithstanding.
Board, how Sec. 9. The Board of Public Works, in making setttle-
^overned in ments with contractors, and others, and in superintending,
&c.*^"^^"'^' managing, keeping in repair and operations, such works as
may be completed, shall be governed in all respects by the
act entitled "an act to establish and maintain a general sys-
LAWS OF ILLINOIS. 95
tern of Internal Improvements," passed 27th February, 1S37,
and the several laws supplemental and amendatory thereto,
and all parts of said laws which impose fines, forfeitures, and
penalties, for injuries to the public works, or for any oth-
er cause, and which prescribes the mode and manner of col-
lecting such fines and forfeitures, and injposing penalties, are
hereby revived, and continued in full force and effect.
Sec. 10. The Board of Public Works shall cause the amount Amount due
due to contractors to be estimated, including the back per cent- *^°""''^'^'°'"®
age, heretofore retained, and sholl give a draft therefore [there-
for] on the Fund Commissioner, and in case of disagreenicnt
between the Acting Commissioner and the contractor, then
the matter in dispute shall be referred to the Board, when
in session, v^ hose decision shall be final in the case. And if Decision ©f
any contractor, or contractors, shall claim any amount from board final
the State, over and above the retained per centage, for dama-
ges on his contract, such claim for damages shall be decided
by the Board, when in session, and they shall issue a draft in
favor of such contractor, for the amount allowed; and the
decision of the Board on the claim of such contractor, shall be
final. The Board of Public Works shall also settle and adjust
all dues and liabilities of every kind, due and owing from the Dues and lia-
thc State, under the provisions of the act to establish and main- biliiies to be
tain a general system of Internal Improvements, approved ^^"^
27th February, 1837, and the acts supplemental and amenda-
tory thereto, and give drafts for the amount so settled and
adjusted, on the Fund Commissioner; and when any person
shall receive drafts, under the provisions of this section, his Drafts given
contract shall be cancelled. i" settlement
Sec. 11. All drafts drawn by the Commissioners of the Drafts drawn
Board of PubUc Works, on the Fund Commissioner, if not paid on fund com-
within thirty days, shall bear six percent, interest per annum, ^{'1^^^°"^''^^^,^^.
from date; and all drafts heretofore drawn by any member ofimerest
the former Board of Public Works, on the former Board of
Fund Commissioners, and which have not been paid, shall bear
the same interest from their respective dates; and in all cases
where the Fund Commissioners, in making payments on spe-
cial drafts, cannot pay off the whole amount of said drafts, it
shall be lawful for him to endorse the amount paid, on the Endorsements
back of said draft. on drafts
Sec. 12. The Board of Public Worksshall pay off, and dis-
charge, all engineers and agents now in employment, whose
services are not indispensable to assist them to ascertain the
amount due to contractors, and so soon as their services can
be dispensed with they shall also be discharged.
Sec. 13. The Board of Public Works shall have power to Management
provide for the security, and successful management and ope- of railroads
ration of such parts of the railroads as are already completed,
and may fix and establish the rates of toll to be collected
therefrom , and provide for the faithful collection thereof, and
for the payment of the amounts collected, to the Fund Com-
96 LAWS OF ILLINOIS.
Fines for not missioner, and any person refusing to paj the established tolls,
paying tolls ghall be dccmed guilty of a misdemeanor, and on conviction
thereof, shall be lined in a sum not exceeding one hundred
dollars.
Fundcommis- Sec. 14. The Fund Commissioner shall be, and is authoriz-
sionermayre-ed, and required to take, and receive back, any and all State
h^nds ^^ bonds heretofore sold to any person, firm, or corporation, who
have failed, or may hereafter fail, to comply with their con-
tract, and upon the reception of all such bonds sold them, said
commissioner is authorized to cancel said contracts, and the
bonds thus returned shall be burned by the Fund Commis-
sioner, in the presence of the Auditor and Treasurer of State;
Bonds, when ^^^^ ^^q Fund Commissioner shall make and keep a correct
register of the number, amount, and disposition made of all
bonds and money coming to his hands.
Settlement of Sec. 15. The Fund Commissioner, when elected and quali-
S'comnlis-fi^^' si^^^ll aiidit and settle the accounts of the late Board of
sioners Fund Commissioners, and the late Board of Public Works,
and of each member of said Boards; and, incase any mem-
ber of either of said Boards, or of former Boards, shall be
found to be in arrear to the State, he shall cause suit forth-
with to be instituted against such person.
What acts re- Sec. 16. Sueh parts of the acts to establish and maintain
vEved a general system of Internal Improvement, approved Febru-
ary 27th, 1837, and the acts supplemental and amendatory
thereto, as are necessary to enable the Fund Commissioners
and Board of Public Works to discharge the duties imposed
upon them by this act, are hereby revived for the purposes
herein defined, and no other.
Approved, February 1st, 1840.
In force AN ACT further to amend the several acts in relation to common schools
Feb. 3d, 1840.
Duryoftreas- Sec. 1. Bo it enacted by the People of the State of Illinois,
m-eTs o{ lown- represented in the General Assembly, That in making out the
?'^iP\"!_"'"^^" abstracts required by the fifteenth section of the act of March
anga suacts ^^^^ i^'^'^ ^ entitled "an act to amend the several acts in rela-
tion to common schools," the treasurer of townships shall state
in such abstracts, the amount of compensation earned by each
teacher named in such abstracts, within the time comprised in
the same; and the school commissioner of the county shall
not pay more than one-half of such compensation from the in-
terest of the school, college, and seminary funds.
Scholars in Sec. 2. In all cases where scholars residing in an unincorpo-
unincorporat- ^.^t^d township, shall attend aschool taught in a township which
ed townships ^^^^ become incorporated, the teachers' schedule, comprising
the names of such scholars, shall be examined and certified by
the trustees of the township in which the school is kept, and
delivered to the school commissioner of the county in which
LAWS OF ILLINOIS. t)7
such unincorporated township, or the larger part thereof, is
situated ; and such school commissioner shall pay the teacher
of such scholars a distributive share of the interest of the
school fund of such township.
Sec. 3. When scholars, residing in an incorporated town-Teacherfa-m
ship, attend a school kept in a township wliich is not incorpo- uninoorpomt-
sated, the teacher's schedule, comprising the names of such ^'^ ^''*"® ^^'^
scholars, shall be examined and certified by the trustees of
the school which such scholars attend, and delivered to the
treasurer of the township in which such scholars reside, and
their teacher shall be entitled to receive from such treasurer
a distributive share of the interest of the school fund of such
township.
Sec. 4. Whenever the situation of the settlements is such School dls-
as to make it expedient that a school district shall comprise !'"^<^'s^""ip"s-
,- , ^ . . I . I • I J- J • - in? more than
portions oi two or more incorporated townships, sucli district q^j^^ j^^^jg},.
may be established, and its boundaries defined, and altered by
the concurrent action of the trustees of the several townships
in which such school district is comprised.
Sec. 5. When a school shall consist of scholars residing in S>iholar3 of
two or more counties, separate schedules or abstracts shall Le ^^^° °^ "^°''^
made and returned in the mode heretofore provided by law, ^^'^"'^'^^
to the school commissioners of each of said counties, in order
to entitle the teacher to a share of the interest of the school,
college, and seminary funds of the State.
Sec. 6. So much of the seventeenth section of the act ofp.^rtofgsction
March 4th, 1837, entitled "an act to amend the several acts repealed
in relation to common schools," as requires that "the appor-
tionment of money shall be equalized in each township, by
paying to every teacher the same rate of compensation," is
hereby repealed.
Approved, February 3d, 1840.
AN ACT supplemental to an act to authome and require the school com- In force,
commissioner of Sangamon county to pay Dver certain school funds to Feb. 3d, 1840
the school commissioners of Menard, Logan, and Dane counties.
Sec. 1. Be it 'enac'ed by the People of the State of Illinois, ^^y^^^^^^^^^
represented in the General Assembly, That the vi^ords "Janu-strued
ary next," in the second and third lines of the second section
of the act to which this is supplemental, shall be construed to
apply to, and moan, January, 1840. And the Auditor of D„ty ofaudit-
Public Accounts, and the school commissioner of San^-amon or and school
county, are hereby required to construe the act to which this '^"""^^sioner
is supplemental, as applying to the present year, and not to
the year 1841.
Approved, February 3d, 1840.
98 LAWS OF ILLINOIS.
lln force, AN ACT to abolish theBoard of Commissioners of Public Works, and the
Feb. 1st, 1840 Board of Fund Commissioners.
Parts Of acts Sec. I. Be it enacted by the People of the State of Illinois^
repealed represented in the General Assembly, That so much of the act
entitled an act to establish and maintain a general system of
Internal Improvements, passed 27th of February, eighteen
hundred and thirty-seven, as authorizes the establishment of a
Board of Commissioners of Public Works, and a Board of
. Fund Commissioners, shall be, and the same is, hereby repeal-
ed.
Approved, February 1st, 1840.
In force, AN ACT for the relief of contractors on public works in this State..
Feb. 3d, J 840
Fard com'r Sec. 1. Be it enacted by the People of the State of Illinois,
ma,y sell bonds y-gp^gj^^j^gf/ 2;"?! the General Assembly, That in case sutRcient
ivactors*^^"" f^nds should not be available, from loans already ncgociated,
to pay the contractors on the Internal Improvement system,
for such balances as may be found due them for work already
done, that the Fund Commissioner, for the time being, are [is]
hereby authorized to sell, at not less than par, sufficient of the
State bonds to pay said balances.
Drafts drawn Sec. 2. That when drafts have heretofore been, or that
^^^"J'i^gP';;^- hereafter shall be, drawn by any of the Commissioners of the
fund com'r Board of Public Works, on the Fund Commissioner, for balan-
heretofore, to ces due contractors, for work done on any of the railroads in
^^^5^g^"l"J(-,g this State, or to any other person for other liabilities, embraced in
issued to benr*'an act to establish and maintain a general system of Internal
interest Improvements," and all acts supplementary thereto, and those
drafts shall not have been paid by the Fund Commissioner, it
shall be the duty of the Commissioners of the Board of Public
Works to give other drafts in lieu thereof, drawing interest at
Proviso the rate of six per cent, per annum: Provided, That no such
renewed or substituted draft shall be for a less sum than one
hundred dollars; and no new contracts shall hereafter be let
out by the Board of Public Works.
Approved, February 3d, 1840.
In force, AN ACT declarinff Fox river navigable.
Jan. 15, 1840
In the coun- Sec. I. Be it enacted by the People of the State of Illinois ,
o^^i °lr ^^^ represented in the General Assembly, That the Fox river, in the
ballc, Kane, ^ ^. /-tout' i ^j tt r • ,i
and M'Henry, counties ot JLa Salle, Kane, and McHenry, Irom the contlu-
from Ottawa ence with the Illinois river, at Ottawa, to the northern bound-
boundaT'" ^''^ of this State, is hereby declared a navigable stream, and
^ shall be deemed and held a public highway.
1'his act shall take effect from and after its passage.
Approved, January 15th, 184Q.
LAWS OF ILLINOIS. 99
AN ACT for the relief of John G. McHatton. In force,
Feb. 1, 1840
Sec. L Be it enacted hy the People of the State of Illinois,
redresented in the General Assembly, That fifty-eight dollars be,
and the said is hereby, appropriated to John G. McHatton, ^^J-° '^' ^'
sheriff of Schuyler county: it being the amount paid by the
said McHatton for the apprehension of William Frame, who
had escaped from the jail of the said county of Schuyler, when
he was confined on a charge of murder, and of which charge
he was afterwards convicted and executed.
Approved, February 1, 1840.
AN ACT supplemental to "An act to authorize the inhabitants of Cahokia, In force,
to raise a levee on the creek bank opposite the town of Cahokia. Feb. 1, 1840,
Sec. L Be it enacted hy the people of the State of Illinois,
represented in the General Assembly^ That the supervisor au- Supervisor to
thorized to be elected by the act to which this is a supplement, ^ ® '^^^^
shall be elected as provided in said act, and a certificate sign-
ed by the judge holding the election, shall, in all cases, be
sufficient evidence of his election.
Sec. 2. That said supervisor shall have power to institute Powers of
and maintain actions of trespass in any court having jurisdic-^^P^^"^*""
tion of the same, for the benefit of the citizens of Cahokia,
against 3jiy person trespassing on the commons attached to
said town.
Sec. 3. This act to take effect from and after its passage.
Approved, February 1, 1840.
AN ACT suppHmental to "An act to incorporate the Bainbridge In force,
Academy," approved March 2d 1839. Feb. I, 1840.
Sec. 1. Be it enacted hy the people of the State of Illinois,
represented in the Ge'n.eral Assembly, That the treasurer and Powers of
board of trustees of the Bainbridge Academy, shall have all Trustees
the privileges given to the treasurer and board of trustees of
incorporated townships under the act to amend the several
"Acts in relation to common schools, approved March the
fourth, eighteen hundred and thirty seven:" Pro mc^et^, That Proviso
the treasurer and board of trustees of the Bainbridge Acade-
my shall comply with all the provisions of the last mentioned
act, prescribing the duties of the treasurer and board of
trustees of incorporate townships. This act to be in force
from and after its passage.
Approved, February 1, 1840.
100
LAWS OF ILLINOIS.
lu force, AN ACT for the relief of William Howell, of Calhoun county.
Feb. 1, iS4U.
Sec. L Be it enacted by the People of the State of Illinois,
Auditor to is- represented in the General Assembly ^ That the Auditor of pub-
sue wari^a^it^j-^ accounts is hereby authorized and required to issue his
dlfor"§iUi» warrant on the Treasurer, in favor of William Howell, of
and 50 cts. Calhoun dounty, for one hundred and nine dollars and tifty
cents, wiiich shall be in full for his services and expenses in
going to Missouri aud apprehending and biinging to Pike
couniy a fugitive from justice.
Appkoved, February ], 1840.
In force AN .iCT to amend an act, entitled "An act concerning the road from
Feb. 1 1840. Warsaw to Quincy," approved February 22, 1839.
Coini's to
catc road
Road from
Warsaw to
Peoria
Location
legal
Sej. 1. Be it enacted by the p opie of the State of Illinois,
lo- represented in the General Assembly, That the commissioners
named in the act to which this is an amendment, or a ma-
iority of them, shall proceed to locate said road from Warsaw
in Hancock county, to Quincy in Adams county, according to
the provisions of the act to which this is an amendment, pre-
vious to the first day of August next.
Sec. 3. Be it further enacted^ That so mnch of the State
road from Warsaw in Hancock county, to Peoria in Peoriq.
county, as lies between Warsaw and Carthage, in Hancock
(;ounty, laid out under the authority of an act, entitled "An
act to locate a State road from Warsaw in Hancock county,
to Peoria in Peoria county, approved 4th of February, 1837,"
is hereby declared a Slate road.
Sec. 3. And the said location and survey is hereby declar-
ed to be legal and valid in all respects, and shall not be set
aside or be held to be void a^id of no etFect, on account of any
informality in locating said road whatever; and the road, as
laid off and located by the said commissioners, or any two of
them, shall be opened, worked, and kept in repair as the law
requires.
Approved, February 1, 1840.
In force,
Feb. 1, 1810.
AN ACT to incorporate the St. Clair Steam Mill Company.
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Asse.mlly, That Laurant Pensancau,
Wm.C.Carr, John Barkley and David Re verdy, their associates,
Body politic heirs and assigns, arc hereby constituted and declared a body
&c corporate politic and corporate, by the name and style of the "St. Clair
Name and Steam Mill Company," from and after the passage of this act;
style jind by that name and style they and their successors shall
LAWS OF ILLINOIS. 101
have succession for ten years, and shall, in law, be capable of
suing and being sued, pleading and being impleaded, an- Powers
swcring and being answered unto, in all courts and places
whatsoever; may have a common seal, and may change and
alter the same at pleasure; and they and their successors may
also, by that name and style, be capable, in law, of purchas-
ing, holding and conveying away real and personal estcte
for the use and purposes of said corporation; which real estate
shall not exceed one hundred and sixty acres, whereon to
erect the mill and necessary inclosures for carrying on the bu-
siness of the said company.
Sec. 2. The said company, hereby incorporated, shall have
power to erect a steam mill at or near Illinois town, in the Locatiou
county of Si. Clair, and arc hereby auLhorized to carry on the
manufacturing of the various kinds of grain and other manu-
factures, to export the same and other products of the country,
and to use all such powers and privileges as may be necessary
to carry on the said manufactory according io the objects of
this act as herein expressed.
Sec. 3. The capital slock of said company shall consist of ^^.^^j^^^j ^^^^^
ten thousand dollars, with the privilege of increasing the same
to twenty thousand dollars, to be divided into shares of one
hundred dollars each.
Sec. 4. Said company shall meet annually on the first Mon- Annual eleo-
day of April, and elect a president and secretary, who shall '^°"
be sworn by a justice of the peace to the faithful discharge of
his duties, and who shall keep a record of the proceedings of Records
said company in a book to be by him kept for that purpose;
a treasurer who shall give bond to such amount and in such treasurer to
manner as the said company shall direct; and said company ^^^^
shall appoint such other officers and agents as may be necessa- ^'^^'^vs ami
ry to carry into effect the powers herein granted. '"
Sec. 5. Said company shall have power to make and estab-
lish all such by-laws, rules and regulations, as shall be neces-
sary, and not inconsistent with the constitution and laws of
this State or of the United States; and the provisions of this
act for the transfer or payment of the stock or property of
said company, and for the management and direction of the
afiairs of said company.
Sec. 6. If it should happen that any election should not
be made or held on the day appointed by the provisions of this
act, the said company shall not for that reason be dissolved;
but such election may be held on any other day within thirty
days thereafter, notice being given by the president, secre-
tary, or any two members of said company; and at all c^lcc-
tions and proceedings of said company, each shareholder ^hall gntided to''
be entitled to as many votes as the number of shares he or she vote
may have in said company.
Approved, February 1, 1840.
102
LAWS OF ILLINOIS.
■ In force,
Feb. 3, 1840.
AN ACT to incorporate the Sangamon Coal Bank Bridge Company.
Name and
etvle
Powers
Existence ol'
charter
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly^ That all such persons as
shall become subscribers to the stock hereinafter mentioned,
Body politic ghall be, and they are hereby, constituted and declared a body
corporate and politic, by the name and style of the "Sanga-
mon Coal Bank Bridge Company," from and after the passage
of this act, and by that name they and their successors shall,
in law, be capable of suing and being sued, pleading and
being impleaded, answer and be answered, in all courts and
places whatsoever; and they and their successors may have a
common seal, and may alter and change the same at pleasure;
and also they and their successors, by that name and style,
shall be, in law, capable of purchasing, holding and convey-
ing any estate, real and personal, which may be necessary to
enable the said company to carry out the expressed objects
for which they are incorporated, and none other. The char-
tered existence of said company shall cease at the expiration
of twenty years from the passage hereof, and the stock there-
of shall be deemed and considered personal property.
Capital stock Sec. 2. That the capital stock of said company shall be
three thousand dollars, divided into three hundred shares of
ten dollars each; and James F. Reed, Gersham Keys, Tho-
mas J. Knox, William Pickerell and Thomas Simpson, of San-
gamon county, and Samuel Nesbit, of Macon county, are
hereby appointed commissioners to receive subscription for
said stock; and such subscription shall be opened at such times
and places as the commissioners, or a majority of them, shall
appoint, by notice to be published iu the Journal and Register
papers, printed in the town of Springfield, at least twenty
days before the time appointed. If the requisite number of
shares shall not be subscribed for, at the time and places ap-
pointed ibr such subscription, said commissioners, or a majority
of them, shall take such measures for compelling [completing]
such subscription as they may deem expedient and proper.
Every subscriber shall, at the time of subscribing, pay to said
on subscrFn- ^commissioners the sum of one dollar for each share subscribed^
tion
Comr-s to
receive sub-
scriptions
Notice
and the remainder at such times and in such sums as the m-
terest of said company may require.
Sec 3. As soon as two-thirds of the sliares shall be sub-
scribed, the commissioners shall give notice thereof, in the
Time and manner aforesaid, and appoint the time and place in such
place of elec- notice for the subscribers to meet, for the purpose of choosing
""" a treasurer, clerk, and five directors. Every stockholder shall
be entitled, at such and all other elections, to one vote for each
share to the number of ten, and one vote for every five addi-
tional shares, which votes may be given in person or by proxy,
^ at the election to be held as aforesaid; the said commission-
ers, or such of them as may attend, shall be inspectors, and
their certificate of the names of persons elected, shall be con-
LAWS OF ILLINOIS. 103
elusive evidence of such election. The first Monday in the
month in which such election shall be held, shall be the anni-
versity day of all subsequent elections of such officers. A Annual elec-
majority of the directors, so chosen, shall be a quorum, and ^^°"^
shall be capable of transacting the business of the corporation. Quorum
Any act of the majority shall be binding on the corporation.
The said directors, when elected as aforesaid, shall immedi-
ately proceed to elect one of their number as president; and the Election of
said president and directors may meet from time to time, and ""^sident
shall have power to make such by-laws, rales and regulations, By-laws
as shall be deemed expedient and proper for the well-ordering
of the affairs of the said corporation: Provided, The same be
not repugnant to the constitution and laws of the State and
the United States.
Sec. 4, The said corporation is hereby authorized and em- ^^.j^ ^ ^^^^
powered to erect a bridge over th'3 Sangamon river at the Sangamon
coal bank, crossing where the road leading from Springtield to river
Decatur crosses said river.
Sec. 5. The said president and directors, or other persons y , .
employed by them, m'ay enter upon and take possession of the ]ands taken
land on each side of the river where such bridge shall be erect-
ed; and the said corporation, on taking possession of such
land, and on receiving a conveyance thereof, shall pay the
value of so much of the same as may be necessary for
making and erecting said bridge, and establish a gate, toll-
house, and other works necessary for said bridge; and in case
of disagreement between the parties as to such value, the
same shall and may be ascertained by three disinterested
freeholders of the county, who shall be appointed for that
purpose, as may be agreed on by the parties, and shall be
sworn to make a just valuation thereof.
Sec. 6. As soon as the bridge shall be completed, it shall
be lawful for said corporation to erect a gate at the end of said
bridge, and demand and receive the same rates of toll as is Rates of toll
allowed by the county court of Sangamon county to ferries
kept on said river: Provided, That all persons, citizens of
Sangamon county, shall have a right to cross said bridge, in Persons tree
going to or returning Irom any muster or election in said coun-
ty; and all grand and petit jurors, in going to and returning
from courts, shall be permitted to cross said bridge free of toll.
Sec. 7. If any person or persons shall wilfully or malicious- ^°^^^?^°?^"J""
ly do or cause to be done any act whatsoever whereby the jjo,| jjabfe
said bridge, or any thing appertaining to the same, shall be
impaired, injured or destroyed, the said person or persons so
offending, shall forfeit and pay to the said corporation treble
the amount of damages occasioned thereby, to be recovered
by said corporation, with costs of suit in an action of trespass,
in any court having competent jui'isdiction thereof.
Sec. 8. If any toll-gatherer shall unreasonably delay or hin- LiabJHty of
der any traveller from passing said bridge, or shall demand or*'*'* keepers
receive more toll than is allowed by this act, he shall for every
204 LAWS OF ILLINOIS.
such offence forfeit and pay a sum not exceeding ten dollars,
with cost of suit, to be recovered before any justice of the
peace of said county for the use of the person hindered or
Co. comr's of uefraudcd.
Sangamon gj^c. 9. At any time after the completion of said bridge,
brkie-e'an/^^ the county commissioners of Sangamon county shall have the .
toakeitfree right to purchase said bridge by making the same free to all
persons crossing the same, by paying to said corporation the
costof constructing'thc same with ten per cent, interest thereon.
Approved, February 3, 1840.
Iij force, AN ACT to amend an act- to create and establish the county of Jersey .
Feb. 1, 1840.
WiiEKEAS, on the first Monday of August last^ the county of Jer-
reau) e ^^^^ ^^.^^ created agreeable to "An act to cieate and estab-
lish the county of Jersey, approved February 28th, 1639:"
And whereas, on the same day there was elected, in that
part of Greene county created into the county of Jersey
aforesaid, certain justices of the peace and constables: And
iv/ierccts, much doubt exists in regard to the legality of said
election: Therefore,
Sec. I. Be it enacted by the people of ihe Strife of Illinois^
Officers of represented in the General Assembly, That all justices of the
Jersey to bold pcacc and constablcs wdiich were elected on the first Monday
ti!3 next elec- of August last, in that part of Greene county created into the
*^°" county of Jersey, shall severally hold tkcirofficesin the county of
Jersey for the term for which they were elected and commis-
sioned, &c., the same as if they had been duly elected and
commissioned lor Jersey county, and their oaths of office which
have been administered by the clerk of the county commis-
sioncrs' court of Greene county, shall be deemed to have been
properly taken.
Tme of ma- 8ec. 2. That all abstracts and schedules of schools in Jer-
king abstract g^^y county shall be made to the school commissioners of said
tended"" '"^'^' county, and the time for receiving the same by said school
Dii'yof commissioner for the present year, is hereby extended until
school contr'sthc sccond Monday in February next; and it shall be the duty
of the school commissioners of Jersey county, as soon as said
abstracts arc made to him, to meet the school commissioner
of Greene county; and it shall be the duty of the school com-
missioner of Greene county to pay over to the school commis-
sioner of Jersey county annually out of the school fund which
Greene county may receive from the State, the portion which
Jersey county may be entitled to in proportion to the abstracts
and schedules of schools returned to the school commissioner
of both counties respectively; and the school commissioner
of Jersey county shall apply the money, thus received, for
school purposes in Jersey county, as is now required by law.
LAWS OF ILLINOIS. 105
Sec. 3. The president and trustees of tlie t3wn of Jersey-
ville, within Jersey county, arc hereby authorized and empow-
ered to convey to the county of Jersey, for the purpose of erect-
ing county buildings thereon, the public square in said town;pub]ic square
and a conveyance made for the public square, as aforesaid, by in Jersey ville
the president and trustees of said town, shall be good and valid.
This act shall take eifcct from and after its passage.
Approved, February 1, 1840.
AN ACT to locate a State road therein named. In force,
Feb. 3, 1840.
Whereas, by and under an act approved, February 28, 1839, ^
providing for the formation of the county of Williamson,"'' '
from the county of Franklin, and for the location of the
county seat of the said county of Franklin, the commis-
sioners appointed by said act did proceed to locate (in
conformity therewith) the county seat of the said county
of Franklin at the town of Benlon: And, whereas, there
is no State or county road passing through said town of
Benton, whereby travellers and others experience great dif-
ficulty in passing to and from said town: And whereas,
from the shortness of the time which has intervened be-
tween the location of said county seat, and the meeting of
the liCgislature, the citizens of Franklin county have been
unable to comply with the provisions of an act defining the
manner of petitioning the General Assembly in relation
to the location of State roads; Therefore,
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That James Eubanks,(^Qjjjj.,g ^^ Jq„
John Ewing, and William Mitchell, of Franklin county, be,cateroad
and they are hereby appointed commissioners to view, mark,
and locate a State Road from where the Nashville and Equality
road crosses Little Muddy river, to the town of Benton, in Location
Franklin county; thence, to the bridge over Muddy river, on
the road leading from Mount Vernon, in Jefferson county, to
Golconda, in Pope county, and from thence to Galatia in Gal-
latin county.
Sec. 2. Said commissioners shall meet at the town of Time and
Frankfort, on the first Monday in April next, or as soon there- place of meet-
after as practicable, and after being first duly sworn before some ^"^
justice of the peace faithfully to discharge the duties required
of them bj this act, shall proceed to view, locate and mark
said road between the points above designated, on the nearest
and best ground, by marking trees in the timber, and putting
up stakes in the prairie, having due regard to the public good,
and doing as little damage to private property as the nature
of the case will permit.
Sec. 3. The said commissioners, as soon as practicable, after
the location as aforesaid, shall make out maps and reports
106 LAWS OF ILLINOIS.
thereof, giving the correct distance and description of the
Maps and re- same; and shall file the same, or a copy thereof, in the clerk's
recorded ^^ office of the countj Commissioner's court of each county
through which any part of said road may pass; which said
reports shall be made matters of record in said offices, and the
same carefully preserved.
^ ^ Sec. 4. The county commissioners' courts of the several
iiayo com'rs ^^^j^j.-^g through which said road passes, shall allow said
commissioners and their assistants, a reasonable compensation
for their services in proportion to the length of said road in
the several counties through which the same shall pass, and
they shall cause said road to be opened and kept in repair as
other State roads are.
Sec. 5. The operation of the "act to define the manner of
proceeding in petitioning the General Assembly for locating
\ct suspend- ^^ altering State roads," so far as it relates to the provision of
cd this act, is hereby suspended.
Sec. 6. So much of the State road leading from Nashville
Part of road ^q Galatia, as is now located bst\reen the beginning and ter-
minating points of the road provided for in the provisions of
this act, is hereby declared vacated: Provided, That none of
the expenses of said survey be paid out of the county treasury
of Gallatin county.
Approved, February 3, 1840.
vacated
Proviso.
In force AN ACT to incorporate the town of Jacksonville, and for other purposes.
April 6, 1840.
. Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General Aesembly, That Matthew Stacy,
John Hurst, R. T. McNccly, W. Branson and E. T. Miller,
Body politic citizens of the town of Jacksonville, in the county of Morgan,
and corporate are hereby constituted a body politic and corporate, by the
Name and name and style of the "President and Trustees of the town
style of Jacksonville," and by that name they and their successors
may sue and be sued, plead and be impleaded, in all actions
in law and equity; may grant, purchase, receive and hold real
Powers and personal estate, and may lease, sell and dispose of the
same for the benefit of said town; may do all other acts a&
natural persons may do, and may have a common seal, and
change and alter the same at pleasure, and shall ha-ve per-
petual succession.
Sec % The boundaries of said town shall be one mile
Boundaries of square, the centre of the public square in said town being the
*°^° centre of said [mile] square; and all the land within said
limits shall be considered as the town of Jacksonville.
Sec 3. The aforesaid corporators shall continue in office
until the first Monday in April, 1840, and until their succes-
sion s'^for^'r us- ^°^^ are elected and qualified. And on the first Monday in
'Lees April, and forever thereafter, an election shall be held for five
LAWS OF ILLINOIS. 107
trustees, who shall hold their offices for one year, and until
their successors are elected and qualified. Said trustees shall President
elect one of their own body president of the board, and shall '^"^ ''^^'''^^
appoint all other officers for said corporation; they shall liave yjjpj^jjj.j-gg
power to fill all vacancies in the board, occasioned by death, how filled
resignation, or six months' absence from said town. A major-
ity shall constitute a board to do business, but a smaller num- ^"<^'""™
bermay adjourn from day to day, and compel the attendance
of absent members, in such manner and under such penalties
as the board may provide. The trustees of said tow n shall be
at least twenty-one years old, a citizen of the United States,
and shall be residents and citizens in said lown. Those per-
sons residing m said town shall be qualified to vote for trustees
who possess the requisite qualifications to vote for State offi-
cers.
Sec. 4. The officers of- said town shall consist of one clerk, officers of
one town constable, who shall have and perform all the duties town
of town constable, as required and authorized in the act, en-
titled "An act further defining the duty of trustees of in-
corporated towns," approved January 31, 1835; one treasurer
and such other officers as the said president and trustees of
said town may see proper to appoint; and said officer shall
give bond and security in such sum and in such manner as may
be required by the board of trustees of said town. And said Officers may
officers shall be removable at the pleasure of the board of be removed
trustees.
Sec 5. The sixth, seventh, eighth, ninth, tenth, eleventh, Partsof law-
twelfth, thirteenth, seventeenth and eighteenth sections of an applicable to
act, entitled "x\n act to incorporate the town of Upper Alton,"
approved February 18, 1837, are hereby declared to be apph-
cable to the president and trustees of the town of Jacksonville;
and the tax mentioned in the sixth section of said act shall be
in lieu of any county tax on the real estate in said town, and
all the powers, duties and restrictions therein mentioned shall
be applied to said president and trustees as fully as if the same
were herein set forth.
Sec. 6. The acts of the present president and trustees of Actsoftrus-
the town of Jacksonville, shall be considered as binding and tees binding
in full force until the first meeting of the board of trustees, to
be elected under the provisions of this act. This act shall
take effect on the first Monday in April next, and the present
board of trustees shall give notice of the election to be held
on said day, by having written notices thereof posted up in
four i)ublic places in said town at least one week previous to
said election; and one of the members of said board and the
clerk of the board shall act as inspector and clerk of said inspectors of
election, and shall give certificates of election to the five per- elections
sons receiving the greatest number of votes. Name of
Sec. 7. That the name of the town of Greenfield, in t^e gj^^JJ^'^^^ i"
county of Bureau, be changed, and hereafter to be known and changed to
called by the name oi Laymoile. Laymoile
108 LAWS OF ILLINOIS.
Name of In- Sec. 8. That the name of the town of Indiantown and of
diantown Windsor, in Bureau county, be changed and both of said
Tiskflwa ° towns hereafter be known and called by the name of Tiskil-
wa.
Limits of Sec. 9. That the corporate limits of the town of Henne-
Hennepinin pin, in Putnam counly, shall hereafter include the west half of
Putnam co. {j^g south-west quarter of section ten, and the cast half of said
quarter section shall hereafter be excluded from said corpora-
tion.
Approved, February 3, 1840.
In force, AN ACT to vacate the town plats of the towns therein named .
Feb. 3, 1840.
Sec 1. Be it enacted by the People of the State of Illinois^
Town plat oi j.f,^^.^^^^-^^^^ ^n the General Assembly, That the entire town plat
ted ot the town oi Bristol, m the county of Marsnall,as laid off and
recorded, is hereby declared to be vacated. This act to be in
force from and after its passage.
Plat of Fair- Sec. 2. The town plat of the town of Fairmont, in the
t^d"°' ^^^"^" county of Bureau, as laid off by the original proprietors, and
recorded in the county of Putnam, is hereby declared to be
Proviso vacated: Provided, This act shall not interfere or prejudice
the rights of any individual or individuals, who may have
become the purchasers of any lot or lots, in either of the
aforesaid towns.
Approved, February 3, 1840.
In force ^^ ACT to amend the several laws in relation to appeals.
Feb. 3, 1810.
Sec. 1. Be it enacted by the people of the State of Illinois,
Appeals may represented in the General Assembly, That appeals from judg-
bo granted, ments of justices of the peace to the circuit court, shall be
fud^mem granted in all cases except on judgment confessed: Provided^
confessed The party praying for an appeal shall, within tw.mty days
from the renderingof the judgment from which he desires to
take an appeal, enter into bond in the office of said justice of
the peace, with security to be approved by the justice condi-
tioned that the. appellant will pay and satisfy whatever judg-
ment may be rendered by the circuit court upon dismissal or
trial of the appeal.
Sec. 2. If upon the trial of any appeal, the bond required
to be given in the first section shall be adjudged insufficient,
the party who executed such bond, shall in no v/ise be preju-
Froviso diced by reason of such insufficiency: Provided^ He will, in a
reasonable time to be fixed by the court, execute and file in
court a good and sufficient bond.
LAWS OF ILLINOIS. 100
Sec. 3. Where a bond shall be executed by the appellant
as aforesaid, the justice who gave the judgment, and if exe-
cution or other process has been issueil thereon, said justice
shall recall the same, and all further proceedings thereon shall
be suspended, and the said justice shall, within twenty days
after receiving and approving of the appeal bond, file the same Bond of ap-
in the office of the clerk of the circuit court, together with all pel'ant &c.
the papers and transcript of the judgment he had given, with
a certificate under his hand, that the said transcript and pa-
pers contain a full and perfect statement of all the proceed-
ings before him; and the court shall hear and determine the Appeal to be
said appeal in a summary way, without pleading "i writing, ^^j^jg^^j-^'g
according to the justice of the case.
Sec. 4. The following shall be the form of the bond requir-
ed by the first section of this act: Know all men by these
presents, That we, A. B. arid C. D., are held and firmly bound y^^^ ^j.,
unto E. F., in the penal sum of ('icre insert double the amountbond
of judgment and costs.) dollars, lawful money of the United
States, for the payment of which, well and truly to be made,
Ave bind ourselves, our heirs and administrators, jointly, sever-
ally and firmly, by these presents. Witness, our hands and
seals, this day IS . The condition
of the above obligation is such, That whereas, the said E. F.
did, on the day of A. D. 18 , before
, a justice of the peace for the county of ,
recover a judgment against the above boundcn A. B.,for the
sum of dollars; from which judgment the said E. F.
has taken an appeal to the circuit court of the county of
aforesaid, and State of Illinois. Now if the said A. B. shall
prosecute his appeal with effect, and shall pay whatever judg-
ment may be rendered by the court upon dismissal or trial of
said appeal, then the above obligation to be void, otherwise
to remain in full force and effect.
[l. s.l
[L. S.]
[L. S.]
Approved by me at my ofiice, this day of
18
L. M., J. F.
Sec. 5. Parties to suits before justices of the peace, may
take appeals from their decisions before the clerks of the cir- Appeals how
cuit courts in the same manner as is now provided by law, or taken
they may appeal as provided in the foregoing sections.
Sec. G. The security in any such appeal bond shall be lia- securities ou
ble on said bond for the amount of the original judgment, bond liable
and all costs thereon in case the said appeal be dismissed, and f'»' ongmal
shall be liable also on said bond for whatever judgment may
be rendered by the circuit court, in case the original judgment
be affirmed by said circuit court, either in whole or in part, and
no LAWS OF ILLINOIS.
the same provisions shall extend to appeal bonds executed
under the act to amend the several laws in relation to ap-
peal bonds, and the trial of appeals, approved March 2d,
1839.
Approved, February 3, 1840.
In force, AN ACT to authorize Shelton L. Hall and others to establish a ferry
Feb. J, 1840. across Rock river.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That Simeon Towle, Shel-
ton L. Hall, and their associates, and their heirs and assigns,
Ferry across be, and thej are hereby, authorized to establish and maintain
Rock river a ferry across Rock River, at a point "within half a mile of the
Location junction of the Rock and Kishw^aukee rivers, southerly from
said junction in the county of Winnebago, for and during the
term of ten years from and after the passage of this act.
Rates of ferri- Sec. 2. The rates of ferriage for crossing said ferry shall
age be fixed by the county commissioners' court of Winnebago
Provi.='o county: Provided always^ That no person attending the county
commissioners' or circuit court, as a member or judge thereof,
or as a party to any matter pending in, or any witness or
juror attending on, said court, shall be taxed ferriage.
Sec. 3. The said Simeon Towle, Shelton L. Hall, and
Two years their associates, heirs or assigns, shall be allowed the term of
allowed to ^g^ months from and after the passage of this act, to construct
the necessary boats, and otherwise prepare the said ferry for
the uses contemplated in this act.
Sec. 4. The said Simeon Towle, Shelton L. Hall, thsir
associates, heirs and assigns, in the management of said ferry,
shall Govern ^^^"^^ be governed by the provisions of an act, entitled "An
ferry act to provide [for] the establishing of ferries, toll bridges and
turnpike roads," approved February 12, 1827.
Approved, February 1, 1840.
In force, AN ACT to locate a State road in the county of Washington.
Feb. 3, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
Comr's to lo- represented in the General Assembly, That Henry Cheny, John
oate road Phillips and Joseph Whittenburgh, of the county of Washing-
ton, are hereby appointed commissioners to mark and locate
a. State road from Nashville, in Washington county, to Mid-
dleton's old ferry, on the Kaskaskia river, at the crossing of
the road leading from Nashville to Belleville, in St. Clair
county.
Time and Sec 2. Said commissioners, or a majority of them, shall
place of meet- jneet in the town of Nashville on the first Monday in April
*"^ next, or within three months thereafter, and after having taken
LAWS OF ILLINOIS. HI
an oath beforesonie justice of the peace faithfully to discharge
the duties imposed upon them by this act, doing as little harm
to private property as the public good will permit, shall pro-
ceed to locate said road, commencing at the south-west cor- Line of road
ner of J. D. Woods' land, lying immediately west of Nash-
ville, and running to the feriy aforesaid, locating said road on
the nearest and best ground, putting up stakes in the prairie
at proper distances, and marking trees in the timber.
Sec. 3. Said commissioners, after having made the location Report to be
aforesaid, shall make out a report of their proceedings and recorded
present the same to the county court, whose duty it shall he
to have said report entered upon the records of said court.
Sec. 4. Said commissioners shall receive for their services Compenga-
not more than one dollar and fifty cents per day each, to be *i^"
paid out of the county treasury lor every day which they are
necessarily employed in the discharge of the duties herein
named.
Sec. 5. Said road shall be opened and kept in repair as
other State roads are.
Approved, February 3, 1840.
AN ACT concerning the revenue in Clay county. In force,
Feb. 3, 1840.
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the county commis- Appointment
• 1 c 1 , r /-ii 1 1 . 1 • 1 J 01 collectors
sioners court or the county ol Clay, are hereby authorized to in clay co.
appoint a county collector at their next March term, to collect
the State and coun'^y tax for the year 1839. The said col-
lector shall be allowed time to the first day of July next, for Time allowed
the collection of the same, at which time he shall pay the
same over as other coll::ctori are required to do. Said col- Corapensa-
lector shall be allowed, as a compensation for his services, ten ^io"
per cent, upon the amount of the State tax collected by him.
Approved, Februarv 3, 1840.
AN ACT to legalize the acts of the commissioners of Champaign county, jn force
Feb. 3, 1840
Sec. 1. Be it enacted by the people of the State of Illinois^
represented in tht General Assembly, That the acts of the ^ctsofcom'rs
county commissioners of the county of Champaign, in relation °!^?^^'^'l,
to the assessment and collection of the county and State tax ized
for the year 1839, be, and the same are hereby legalized.
Approved, February 3, 1840.
112 LAWS OF ILLINOIS.
In force, ' AN ACT to amend "an act to incorporate the Peoria Commercial Insu-
Fcb. 3, 1840. ranee Company," approved, Feb. 18, 1837.
Sec. 1. Be it enacted by the People of the State of Illinois^
represented in the General AssemLly, That the twelfth and
re je-'kd^^' thirteenth sections of an act to which this is an amendment,
is hereby repealed.
Sec. 12. Francis Voris, Amos Stevens, Andrew Gray, Moses
Comr'sto Pettingell, A.quilla Wren, Lewis Newell, J. C. Armstrong,
open books J. M. Smith and James H. Work, be, and are hereby, ap-
pointed commissioners to open books to the subscription of
the capital stock in the same manner as is provided in the act
to which this an amendment.
Approved, February 3d, 1S40.
In force, AN ACT to authorize the Board of Public Works to audit and settle the
Feb. 3, 1840. accounts of Edward Smith, deceased.
Sec. 1. Be it enacted hj the People of the State of Illinois,
Duty oi B. p. represented in the General Jhsembly, That the board of pub-
Works, to he works be, and the same is hereby, authorized to audit and
settle acc'ts settle the accounts of Edward Smith, Esq., deceased, late
Smith^Esq., engineer of the southern division of this State, under an act,
deceased. entitled "An act to maintain a general system of internal
improvements,'' and to allow for the services of the said Ed-
Avard Smith, deceased, a compensation equal to that allowed to
other engineers of the same grade.
Sec. 2. That after having made such settlement, the said
Balances,how board of public works shall pay over to the widow of the said
paid over Edward Smith, deceased, such sum or sums of money due for
such services aforesaid, for her sole use and benefit, and the
Receipts for receipt of the said widow shall be a sufficient voucher for
aame gueh payment.
Approved, February 3,/ 1840.
in force AN ACT legalizing the State road between Washington and Pekin.
Feb. 3, 1840.
Sec. i. Be it enacted hy the People of the State of Illinois,
represented in the General Assembly, That so much of the State
Road from road from Pekin to Washington, as lies east of the range line
w^^r^° between township twenty-hve north, range three and four,
State road wcst of the third principal meridian, and west of the bridge
near Ratclitf's, is hereby declared a State road, and shall be
marked and kept in repair as other State roads.
Approved, February 3, 1840.
tAWS OF ILLINOIS. 113
AN ACT to incorporate the city of Quincy. In force,
Feb. 3, 1840.
SECTION I.
Of boundaries and general powers.
[Sec. L] Be it enacted by the j)eople of the State of Illinois^
represented in the General Assembly, That the inhabitants of
the town of Quincy, in the county of Adams, and Slate of
Illinois, be, and they are hereby constituted a body politic andcofp^omfe
and corporate, by the name and style of the city of Quincy, Name and
and by that name shall have perpetual succession, and may style
have and use a common seal, which they may change and Common seal
alter at pleasure.
Sec. 2. All that district of country embraced within the
following boundaries, to wit: beginning in the middle of the Boundaries of
main channel of the Mississippi river, west of the south side "'^
of Jefferson street, thence up the river with said channel to a
point due west of the northern extremity of Pease's addition
to said town, thence due east to the eastern side of Wood
street, thence due south along Wood street to a point due
east from the place of beginning, thence due west down the
south side of Jefferson street to the place of beginning, is
hereby declared to be within the boundaries of the said city
of Quincy.
Sec 3. The present board of trustees of the town of
Quincy shall, on or before the first day of March next, di-
vide the said city of Quincy into three wards, as nearly equal city to be di-
in population as practicable, particularly describing the vided into
boundaries of each. three wards
Sec. 4. Whenever any tract of land adjoining the city of
Quincy shall have been laid off into town lots and duly re- Lands laid off
corded, as required by law, the same shall be annexed to, ^"'^ '"^corded,
and form a part of the town of Quincy. t^o form pan of
Sec. 5. The inhabitants of said city, by the name and
style aforesaid, shall have power to sue and be sued, to im- Powera
plead and be impleaded, defend and be defended, in ail courts
of law and equity, and in all actions whatever: to purchase,
receive, and hold property, real and personal, in said city; May hold real
toprrchase, receive, and hold property, both real and personal, ^^^ personal
beyond the city for burial grounds, or for other public purpos- ^^^P^"" ^
es, for the use of the inhabitants of said city; to sell, lease,
convey, ordispose of property, real and personal, for the bene-
fit of the city; and to improve and protect such property, and
to do all other things in relation thereto as natural persons.
ARTICLE II.
Of the city Council. City council
Sec. 1. There shall be a city council, to consist of a
Mayor and Board of Aldermen.
114 LAWS OF ILLINOIS.
men°[ ^f-'^^' ^^^' ^* '^^^ Board of Aldermen shall consist of two nDem-
^ch wi°rd°™ bers from each ward, to be chosen by the qualified voters for
two years.
Sec. 3. No person shall be an alderman, unless at the
Qualificat'ns time of his election he shall have resided six months within
of Aldermen ^j^g jjj^j^g ^^-^j^g city, and shall be at the time of his election
twentj-onc years of age, and a citizen of the United States.
When office of Sec. 4. If any alderman shall after his election remove
Aldermen to fi'om the ward for which he is elected, or cease to be a free-
cant ' ^ "holder in said city, his office shall be thereby vacated.
Sec 5. At the first meeting of the city council, the alder-
Division of men shall be divided by lot into two classes, the seats of
Aldermen bj ^1^^^^ ^f ^he first class shall be vacated at the expiration of
the first year; and of the second class, at the expiration of the
second year, so that one-half of the board shall be elected
annually,
p. . ^ Sec 6. The city council shall judge of the qualifications,
turns of^'and elections, and returns of their own member?, and shall deier-
contested mine all contested elections.
Sec. 7. A majority of the city council shall constitute a
Quorum. quorum to do business, but a smaller number may adjourn from
day to day, and compel the attendance of absent members
under such penaliies as may be prescribed by ordinance.
Sec 8. The city council shall have power to determine
Rules of pro- the rule of its pioceedings, punish its members for disorderly
ETpul'slon of '^°"*^"*^^' ^^^ ^^^^^ ^^^® concurrence of two thirds of the mem-
members bers elected expel a member.
Sec. 9. The city council shall keep a journal of its pro-
f ^Yr.?r,-°-^ ?-^ ceedings, and from time to time publish the same, and the yeas
ly couijcii lo 11 1 111 1 iiii
be published and nays when demanded by any member present shall be
entered on the journal.
Aldermencan Sec. 10. No alderman shall be appointed to any office
hold no office u^jer the authority of the city, which shall have been creat-
ed w'jnleTn of- ^^5 or the emoluments of which shall have been increased
fice during the time for which he shall have been elected.
Vacancies, Sec. 11. All vacancies that shall occur in the Board of
how filled Aldermen shall be filled by election.
Mavor & Al- ^^^* ^^' '^'^'^ Mayor und each alderman, before entering
demen (o upon the duties of their office shall take and subscribe an oath
take oath " that they will support the Constitution of the United States,
and of this State, and that they will well and truly perform
the duties of their office to the best of their skill and abilities.
Mayor to de- Sec. 13. Whenever there shall be a tie in the election of
termine elec- j^]jjgj.^gj^ the iudffes of election shall certify the same to the
tion in case of _ _ , "i ,P ■, , ■ i i i . i
tie Mayor, who shall dctermme the same by lot in such manner
as shall be provided by ordinance.
Twelve stated Sec. 14. There shall be twelve stated meetings of the
meetings, city council in each year, at such times and places as may be
y^^ry prescribed by ordinance.
LAWS OF ILLINOIS. 115
ARTICLE III.
Of the chiej Executive officers.
Sec. 1. The chief Executive officers of the city shall be, aExecu-ive of-
Mayor, who shall be elected by the qualified voters of the ^°^"
city, and shall hold his office for one year, and until his sue- Term of of-
cessor shall be elected and qualified. fice
Sec. 2. No person shall be eligible to the office of Mayor, Qualificat'ns
who shall not have been a resident of the city for one year foj" Mayor
next preceding his election or who shall be under twenty-
one years of age, or who shall not at the time of his election
be a citizen of the United States.
Sec. 3. If any Mayor shall, during the time for which he Whenofficeof
shall have been elected, remove from the city, or shall cease Mayor to be
to be a freeholder in said city, his office shall be vacated. vacate
Sec 4. When two or more persons shall have an equal
number of votes for Mayor the judges of election shall certi- In case of tie
{y the same to the city council who shall proceed to deter- c°Jmi^^^-'[o de-
mine the same by lot, in such manner as may be provided cide by lot
by ordinance.
Sec. 5. Whenever an election of Mayor shall be con- Contest'd e-
tested, the city council shall determine the same in such jfJ^''^"" °^
manner as may be prescribed by ordinance. ^^°''
Sec. 6. Whenever any vacancy shall happen in office of Vacancy in
Mayor it shall be filled by election. o^'how fi^e5'
ARTICLE IV.
Of Elections.
Sec. 1. On the third monday of April next, an election Annual elec-
shall be held in each ward of said city for one Mayor for the tionforMayor
city, two aldermen for each ward, and forever thereafter, on ermen
the third monday of April of each year, there shall be an
election held for one Mayor for the city and one Alderman
for each ward, the first election for Mayor and Aldermen shall First election,
be held, conducted, and returns thereof made, as may be pro-^ow conduct-
vided by ordinance of the present trustees of the town of
Quincy.
Sec. 2. All free white male inhabitants, over the age of Resident in-
twenty-one years, who are entitled to vote for State officers, habitants may
and who shall have been actual residents of said city ninety officera"^ "^■*'
days next preceding said election, shall be entitled to vote
for city officers: Provided^ that said voters shall give their Proviso,
votes for mayor and aldermen in the wards in which they
respectfully [ively] reside, and in no other, and that no vote
shall be received at any of said elections unless the person
offering such vote shall have been an actual resident of the Votes in dif-
ward where the same is offered, at least ten days next pre- ^rent wards
ceding such election.
116 LAWS OF ILLINOIS.
ARTICLE V.
Of the Legislative powers of the city council.
Assessment & Scc. L The city council shall have powers and authority to
collection of levy and collect taxes upon all property, real and personal,
taxes . within the limits of the city, not exceeding one-half per cent, per
annum upon the assessed value thereof,and may enforce the pay-
ment of the same in any manner to be prescribed by ordinance
not repugnant to the Constitution of the United States and of
this State.
Officers of city Sec. [2.] The city council shall have power to appoint a
clerk, treasurer, assessor, marshall, supervisors of streets and
all such other officers as. may be necessary.
to give bonds See. 3. The city council shall have power to require of all
and security, officers appointed in pursuance of this charter, bonds with
& take oath pgjjg^Hj ^^^ sccui ity for the faithful performance of their res-
pective duties as may be deemed expedient, and also to re-
quire all officers appointed as aforesaid to take an oath for the
faithful performance of the duties of their respective offices
Com. Schools before entering upon the discharge of the same. To establish,
May borrow support, and regulate common schools, to borrow money on the
p""*:^ credit of the city: Provided, That no sum or sums of money
shall be borrowed at a greater interest thnn at six per cent
per annum, nor shall the interest on the aggregate of all the
sums borrowed and outstanding ever exceed one half of the
city revenue arising from taxes, assessed on real property
within the limits of the corporation.
Expenses of See. 4. To appropriate money and provide for the payment
city, how paid of the debt and expenses of the city.
Sec. 5. To make regulations to prevent the introduction of
Quarantine contagious diseases into the city, to make quarantine laws for
laws, to ex- that purpose, and entbrce the same within five miles of the
tend 5 miles Q\\^y^
EstablishmU ^^c. 6. To establish hospitals, and make regulations for
of hospitals the government of the same.
Health ofcity. Sec. 7. To make regulations to secure the general health
removal of of the inhabitants, to declare what shall be a nuisance, and to
nuisances i ,.
prevent and remove the same.
Water works Sec. 8. To provide the city with water, to erect hydrants
and pumps in the streets for the convenience of the inhabitants.
^ Sec. 9. To open, alter, abolish, widen, extend, establish.
Alteration of , ^, ' . . j i • • , '
streets grade, pave, or otherwise improve and keep in repair streets,
avenues, lanes and alleys.
Bridges See. 10. To establish, ercct, and keep in repair, bridges.
Boundaries of Sec. 11. To divide the city into wards, alter the boun-
wards daries thereof, and erect additional wards, as the occasion
may require.
Lighting city Sec. 12. To provide for lighting the streets and erecting
lamp posts.
Night watch See. 13. To establish, support, and regulate night watches.
LAWS OF ILLINOIS. 117
Sec. 14. To erect market houses, establish markets, and Regulation of
market places, and provide for the government and regulation ™^''^®'^
thereof.
Sec. 15. To provide for erection of all needful build- City buildings
ings for the use of the city.
Sec. 16. To provide for enclosing, improving, and regu- Pub. grounds
lating all public grounds belonging to the city.
Sec. 17. To improve and preserve the navigation of the o^ffJsfsS
Mississippi river within the limits of the cit3\ river
Sec. 18. To erect, repair and regulate public wharves Wharves and
and docks, to regulate the erection and repair of private docks
wharves, and the rates of wharfage thereat.
Sec. 19. To license, tax, and regulate auctioneers, mer- May grant li-
chants, retailers, grocers, taverns, ordinaries, hawkers, ped- ^^^^'^^
lars, brokers, pawn brokers, and money changers.
Sec. 20. To license tax and regulate hackney carriages, Rates of dray-
wagons, carts, and drays, and fix the rates to be charged for'^Sf ^^"'i po^"-
the carriage of persons and for the wagonag?, and cartage and ' *
drayage of property.
Sec. 21. To license and regulate porters, and fix the rates
of porterage.
Sec. 22. To licence, tax, and regulate theatrical, and Shows
other exhibitions, shows, and amusements.
Sec. 23. To tax, restrain, prohibit, and suppress tippling May suppress
houses, dram shops, and gaminghouses, and bawdy and other disorderly
I- 1 1 1 i ' o o ^ houses
disorderly houses.
Sec. 24. To provide for the prevention and extinguish- Fire compa-
ment of fires, and to organize an establish fire companies. ^^^^
Sec. 25. To regulate or prohibit the erection of wooden Wooden
buildings in any part of the city. buildings
Sec. 26. To regulate the fixing of chimneys, fix the fees chimneys
[flues] therefor [thereof.]
Sec. 27. To regulate the storage of gunpowder, tar,pitch, Gunpowder
rosin, and other combustible materials.
Sec. 28. To regulate and order parapet walls and par- Parapet walls
...• r „ and fences
tition fences.
Sec. 29. To establish standard weights and measures, Weights and
and regulate the weights and measures to be used in the measures
city, in all cases not otherwise provided for by law.
Sec. 30. To provide for the inspection and measuring of ["^P^'^'^°° °^
lumber and other building materials, and for the measurement measurement
of all kinds of mechanical work. of work
Sec. 31. To provide for the inspection and weighing of Weight ofhay
hay and stone-coal, the measuring of charcoal, firewood and and coal
other fuel to be sold or used within the city.
Sec. 32. To provide for and regulate the inspection of to- Inspection of
bacco, and of beef, pork, flour, meal, and whiskey in barrels. p°o^.l*^flou?,&c
Sec. 33. To regulate the inspection of butter, lard, and Qf provisions
other provisions.
Sec. 34. To regulate the weight, quality and price of Weight of
bread to be sold and used in the city. bread
118 LAWS OF ILLINOIS.
Size of brick Sec. 35. To regulate the size of bricks to be sold or used
in the city.
Census Sec. 36. To provide for the taking enumerations of the
inhabitants of the city.
To regulate Sec. 37. To regulate the election of city officers and pro-
removeoffic"s ""'^^^ ^°^ removing from office any person holding an office
created by ordinance.
Pay of officers Sec. 38. To fix the compensation of all city officers, and
jurors &, wit- regulate the fees of jurors, witnesses and others, for services
rendered under this act, or any ordinance.
Police of city Skc 39. To regulate the police of the city; to impose fines
and forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such fines
and forfeitures, and the enforcement of such penalties.
Exclusive Sec. 4. [40.] The city council shall have exclusive power with-
powers \yi the city, by ordinance, to license, regulate and restrain the
keeping of ferries, and to suppress and restrain billiard tables.
To make all Sec. 5. [4l.] The city council shall have power to make all
or'llnances ordinances which shall be necessary and proper for carrying
necessaiy j^^^^ execution the powers specified in this act so that such or-
dinance be not repugnant to nor inconsistent with the consti-
tution of the United States or of this State.
Style of ordi- Sec. 6. [42.] The style of the ordinances of the City shall be,
nances «Be it ordained by the city council of the city of Quincy."
Sec. 7. [43.] All ordinances passed by the city council, shall,
notto takeef- '^^i^^"'"^ one month after they shall have been passed, be pub-
feet until pub- lished in some newspaper published in the city, and shall not
lislied ]je in force until they shall have been published as aforesaid.
Sec. 8. [44.] All ordinances of the city may be proven by the
Published or- ^^^^ '^^ ^^^^ corporation, and when printed and published in
dinanceatobebook or pamphlet form and purporting to be printed and pub-
read in evi- hshed by authority of the corporation, the same shall be re-
^'^*^*^ ceived in evidence in all courts and places without further
proof.
Article vi.
Of the Mayor.
May'rtohave Sec. 1. The Mayor shall preside at all meetings of the city
casting vote council, and shall have a casting vote and no other: in case of
non-attendance of the Mayor at any meeting, the Board of
Mayor pro. Aldermcn shall appoint one of their own members chairman
tem. _ who shall preside at that meeting.
Special meet- g^,^^ g. The Mavor or any two aldermen may call special
ings.iiowcail- . r ,i •, -i
ed meetmgs oi the city council.
Sec. 3. The Mayor shall at all times be active and vigilant
Duties of \^ enforcing the laws and ordinances for the government of the
' ^^°'* city; he shall inspect the conduct of all subordinate officers of
said city, and cause negligence and positive violation of duty
to be prosecuted and punished; he shall from time to time
LAWS OF ILLINOIS. 119
communicate to the aldermen such mformation, and recom-
mend all such measures, as in his opinion may tend to the im-
provement of the finances, the police, the health, security, com-
fort and ornament of the city.
Sec. 2. [4.] He is hereby authorized to call on every male in- Persons refus-
habitant of said city over the age of eighteen years to aid in ing to assist to
enforcing the laws and ordinances; and in case of riot to call ^ade Hable
out the Militia to aid him in suppressing the same, or in carry-
ing into eftect any law or ordinance, and any person who shall
not obey such call shall forfeit to the said city a fine not ex-
ceeding five dollars.
Sec. 3. [5.] He shall have power whenever he may deem it when officers
necessary- to require of any of the ojfficers of the said city an |° exhibit
exhibit of his books and papers.
Sec. 4. [6.] He shall have power to execute all acts that Mayor to exe-
may be required ot him by any ordinance made in pursuance <^"f^ f^i^,l®"
r "fi • X •/ J i quired of him
oi this act. '
Sec. 5. [7.] He shall be commissioned by the Governor as a Mayor to be
iustice of the peace for said city, and as such sliall be a conser- !:°"if"^^,^^""''^
■J f. , ^ . , ■ 1 •^- 1 1 n 1 1 by Gov'nor as
vator ot the peace ui the said city, and shall have power and justice peace
authority to administer oaths, issue writs and processes under powers of
the seal of the city. To take depositions, the acknowledg- Mayor
ments of deeds, mortgages, and all other instruments of wri-
ting, and certify the same under the seal of the city which
shall be good and valid in law.
Sec 6. [8.] He shall have exclusive jurisdiction in all cases Exclusive ju-
arising under the ordinaces of the corporation, and concurrent ™^'^^'^°" ^^
jurisdiction with all other justices of the peace in all civil and his fees
criminal cases within the limits of the city arising under the
laws of the State, and shall receive the same fees and compen-
sation for his services in similar cases.
Sec 7. [9.] He shall also have such jurisdiction as may be jurisdict'n to
vested in him by ordinance of the city in and over all places enforce quar-
withiu five miles of the boundaries of the city for the purpose '^°tine laws
of enforcing the health and quarantine ordinances and regu-
gulations thereof, and
Sec. 8. [10.] He shall receive for his services such salary as Salary of
shall be fixed by an ordinance of the city. Mayor.
Sec. 4. [11.] In case the Mayor shall at anytime be guilty of Hema;^ bein-
a palpable omission of duty, or shall wilfully and corruptly be ^^^^®^ V',^"*
guilty of oppression, malconduct or partiality in the discbarge ^o. for viola-
of the duties of his ofiice, he shall be liable to be indicted in tion of duty,
the circuit court of Adams county, and on conviction he shall and fined, and
be fined not more than two hundred dollars, and the court ed from office
shall have power on the recommendation of the jury to add
to the judgment of the court that he be removed from of-
fice.
120 LAWS OF ILLINOIS.
Article vii.
Proceedings in special cases.
When private Sec. 1. When it shall be necessary to take private pro-
propertyista- pgj,^y for opening, widening or altering any public street, lane,
use, to be paid avenue, or alley, the corporation shall make a just compensa-
tor tion therefor to the person whose property is so taken, and if
the amount of such compensation cannot be agreed on, the
Mayor shall cause the same to be ascertained by a jury of six
disinterested freeholders of the city.
Sec. 2. Where the owners of all the property on a street,
lane, avenue, or alley, proposed to be opened, widened or al-
Petitions to tered, shall petition therefor, the city council may open, widen,
gPgg jg'' ^" ^" or alter such street, lane, avenue, or alley, upon condition to
be prescribed by ordinance, but no compensation shall in such
case be made to those whose property shall be taken for the
opening, widening or altering such street, lane, avenue, or al-
ley, nor shall there be any assessment of benefits or damages
that may accrue thereby to any of the petitioners.
Jurors to as- Sec. 3. All jurors empannclled to enquire into the amount
sess damages, ^^ benefits or damages which shall happen to the owners of
mustbe sworn ^ j x i ^ i r • -j • ■ ix
property proposed to be taken lor openmg, widenmg, or alter-
ing any street, lane, or alley, shall first be sworn to that effect,
and shall return to the Mayor their inquest in waiting, and
signed by [each] juror.
Rule for as- ^^c* ^' ^^ ascertaining the amount of compensation for
sessment of property taken for opening, or widening, or altering any
damages street, lane, avenue, or alley, the jury shall take into considera-
tion the benefit, as well as the injury happening by such open-
ing, widening, or altering such street, lane, avenue, or alley.
Decis'n of ju- Sec. 5. The Mayor shall have power for good causes shown
ry may be set ^vithin ten days after any inquest shall have been returned to
him as aforesaid, to set the same aside and cause a new inquest
to be made.
Sec. 6. The city council shall have power by ordinance to
. , levy and collect a special tax on the holders of the lots in any
Special tax to.'^^i '■ n . r i^i
grade streets street, lane, avenue, or alley, or part ot any street, lane,
and light the avenue, or alley, according to their respective fronts owned by
same them for the purpose of paving and grading the side walks,
and lighting such streets, lane, avenue or alley.
ARTICLE VIII.
Miscellaneous provisions.
Inhabitants Sec. 1. The inhabitants of the city of Quincy are hereby
shallnotwork exempted from working on any road beyond the limits of, the
pay co!^axes ^ity, and from paying any tax to procure laborers to work upon
Exception. the same, and from any tax for county purposes except for t h
completion of the county jail, now being erected in said city.
LAWS OF ILLINOIS. 121
Sec. 2. The city council shall have power for the purpose
of keeping the streets, lanes, avenues and alleys in repair to cj^y streets to
require every male inhabitant in said city over twenty-one be worked by
years of age to labor on said streets, lanes, avenues and alleys, ™^^^ inhabit-
not exceeding three days in each and every year: and any per-
son failing to perform such labor when duly notified by the
supervisor shall forfeit and pay the sum of one dollar per day Fiiie for refu-
r 1 J 1 i J r J "^ sal to labor,
tor each day so neglected or reiused.
Sec. 3. The city council shall have power to provide for
the piinishment of offenders by imprisonment in the county or Punishment of
city jail in all cases where such offenders shall fail or refuse to °^^"*^®"-
pay the fines and forfeitures which may be recovered against
them.
Sec. 4. The city council shall cause to be published annu- Annual state-
ally a full and complete statement of all moneys received and ""^"^ °/ ^^'
CGlDtS &« GX*
expended by the corporation during the preceding year, and peiiditures to
on what account received and expended. be published
Sec. 5. All ordinances and resolutions passed by the pre-
sident and trustees of the town of Quincy, shall remain in Ordinance io
force until the same shall have been repealed by the city coun- force until re-
cil hereby created. pealed
Sec. 6. All suits, actions, and prosecutions instituted, com-
menced, or brought by the corporation, hereby created, shall Suits how
be instituted, commenced, and prosecuted in the name of the^™"^
city of Quincy.
Sec. 7. All actions, fines, penalties, and forfeitures which Actions ac-
have accrued to the president and trustees of the town of'^'""^°?^°*^"®~
Quincy, shall be vested in, and prosecuted by the corporation city.
hereby created.
Sec. 8. ?A11 property, real and personal, heretofore belong-
ing to "the president and trustees of the town of Quincy" for pj-operty of
the use of the inhabitants of said town, shall be and the same town vested in
is hereby declared to be vested in the corporation hereby "ty-
created.
Sec. 9. This charter shall not invalidate any act done by
"the president and trustees of the town of Quincy," nor divest This act in.
them of any right which may have accrued to them prior to validates no
the passage of this act. ^'' ^^ '''''''''
Sec. 10. "The president and trustees of the town of Quin- Duty of Pres't
cy" shall immediately after the passage of this act take mea- ^"4 trustees,
sures to promulgate this law within the limits of the city of ij^^^^j^o^n^"^"*^"
Quincy, and issue their proclamation for the electien of officers, for election
and cause the same to be published in all the newspapers in of oncers
said city for four weeks in succession prior to the day of elec-
tion for said officers.
Sec. II. Appeals shall be allowed from decisions in all Appeals al-
cases arising under the provisions of this act or any ordinance ^"^^^ ^° "'^'^
1. • 1^ 1 •., •'^.1 court
passed m pursuance thereof, to the circuit court of Adams
county, and every such appeal shall be taken and granted in
the same manner and with like effect as appeals are taken from
122 LAWS OF ILLINOIS.
and granted by justices of the peace to the circuit court, under
the law of this State.
Election of Sec. 12. Whenever the Mayor shall absent himself from the
mayorprotem gj^y, or shall resign, or die, or his office shall be otherwise vaca-
ted, the Board of Aldermen shall immediately proceed to elect
one of their number president, who shall be Major pro. tern.
Act declared Sec. 13. This act is hereby declared to be a public act, and
^^" ^^ may be read in evidence in all courts of law and equity, in this
State, without proof.
Acts repealed Sec. 14. All acts or parts of acts coming within the pro-
visions of this charter, or contrary to, or inconsistent with its
provisions, are hereby repealed.
City marshall Sec. 15. The city marshall or any other officer authorized
o'"o''?^'"°ffi^^'' to execute writs or other process issued by the Mayor, shall
cess ^throuo-h- have powcr to execute the same any where within the lim-
out the county its of Adams county, and shall be entitled to the same fees
of Adams fgj. travelling as are allowed to constables in similar cases.
ng ees ^^^^ jg^ rpj^^ president and trustees of the town of Quin-
cy shall caus3 an election to be held in said town on the third
Election for Wednesday in March next, at which the inhabitants of said
rr°^h°"°^ town who are authorized to vote for State officers, shall vote
for or against the adoption of this charter, and if a majority
of the votes given at such election shall be in favor of the
adoption of said charter, said charter shall immediately take
J. , effijct as a law, but if a majority of the votes given shall be
gainst, act to against the adoption of said charter, then this act to be of no
be void effect.
Approved, by the Council, February 3, 1840.
In force, AN ACT to incorporate the town of Lacon, in Marshall county.
Dec. 10,1839.
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the Geney^al Assembly, That the resident inhabi-
Body corpo- tants of the town of Lacon, in Marshall county, are hereby
rate constituted a body politic and corporate to be known by the
Name and name of "the President and Trustees of the town of Lacon,"
style. and by that name shall be known in law, and have perpetual
p succession, may sue and be sued, implead and be impleaded,
defend and be defended, in courts of lavr and equity, and in
all actions and matters whatsoever, may grant, purchase, re-
ceive and hold, real and personal property within the limits of
said town, and no other, (burial grounds excepted) and may
lease, sell, and dispose of the same for the benefit of the town,
and may have power to lease any of the reserved lands which
have been or may be appropriated to the use of said town, and
Common seal "^^7 '^'^ ^^^ other acts as natural persons, may have a common
seal, change and alter the same at pleasure.
Sec. 2. That all those tracts of land embraced within the
LAWS OF ILLINOIS. 123
following boundaries, to wit: beginning at the N. W. corner
of the N. W. fractional quarter of sec. 20, town. 30, north of Boundaries of
R. 3, west of the third principal meridian, and running thence corporation
east with the half section line to the centre of section 35 of
the same town, and range, thence south on the half section line
to the centre of sec. 36, of the same town, and range, thence
west with the half section line to the centre of fractional sec.
35 of the same town, and range, thence north to the Illinois
river, and thence northwardly with said river at low water
mark to the place of beginning, be, and the same is hereby de«
Glared to be within the limits or boundaries of the town of
Lacon.
Sec 3. The corporate powers and duties of said town Powers vested
shall be vested in a president and four trustees, who shall form ^" ^rf ei^^ent
a board for the transaction of business.
Sec. 4. The president and members composing the board
of trustees shall be elected annually on the first Monday in 4°""^^ ^^^^'
April to serve for one year, and until others shall be legally
qualified; they shall be at least twenty one years of age, citi- Qualification
zens of the United States, and shall possess a freehold estate
within the limits of the corporation. Those persons only shall
be qualified to vote for president and trustees, or in such town
meetings as may be held in conformity to this act, who possess
the requisite qualifications to vote for State officers, and have
resided within the limits of the corporation six months previ-
ous to such elections or town meetings.
Sec 5. The Board of Trustees shall appoint all officers of officers of B'd
their board (the president excepted who shall be elected by of Trustees
the people) and shall be the judges of the qualifications, elec-
tions, and returns of their members, and shall have power to
fill all vacancies in the board occasioned by death, resignation. Vacancies
or six months absence of any member thereof. A majority
shall constitute a board to do business, but a smaller number q
may adjourn from day to day, may compel the attendance of "'^'"™*
absent members, in such manner, and under such penalty as
the board may provide; they may determine their rules of pro-
ceedings, and make such other rules and regulations for their
own government as to them may seem expedient and proper.
Sec 6. The president of the board of trustees shall have
power to call special meetings of the board whenever in his Special meet-
opinion the public good may require it. He shall have con- ^"§^
current jurisdiction with justices of the peace in all civil and P''^^J5|^".^'s
criminal cases arising under the provisions of this act, within ''"^^^^^^^°°
the limits of the corporation, and shall receive the same fees Fees
and compensation for his services.
Sec. 7. The board of trustees shall have power to levy Taxes to be
and collect taxes upon all real estate within the town, not ex- ^^^'^
ceeding one per cent, upon the assessed value thereof, except
as may be herein excepted, to make regulations to secure the
general health of the inhabitants, to prevent and remove nui- Health,
124
LAWS OF ILLINOIS.
Nuisances sances, to restrain cattle, horses, sheep, swine, and dogs from
Night watch running at large, to establish night watches, erect lamps in the
streets, and lighting of the same, to erect and keep in repair
Powers to li- bridges, to license and tax merchants, to regulate auctions,
cense taverns, groceries and pedlars, theatrical and other shows,
billiard tables and other amusements, to restrain and prohibit
gaming houses, bawdy houses and other disorderly houses, to
prevent the shooting of fire arms within the limits of the cor-
poration, to establish and erect markets, to open and keep in
I'epair streets, and avenues, lanes, alleys, drains, sewers, to
keep the same free from incumbrances, to establish and regu-
late a fire department, to provide for the prevention and ex-
tinguishing of fires, to dig wells and erect pumps in the
streets for the convenience of the inhabitants, or construct ac-
queducts, to supply the town with water, to regulate the stor-
Combustible age of gun-powder, and other combustible materials, to regu-
materials j^^^g ^j^g police of the town and the election of town oflicers,
to fix their compensation, to establish and enforce quarantine
laws, and from time to time to pass such ordinances lo carry
into effect the provisions of this act, and the powers hereby
granted, as the good of the inhabitants may require, and im-
pose and appropriate fines and forfeitures for the breach of any
ordinance, and to provide for the collection thereof, and that in
cases arising under this act, or growing out of the by-laws and
ordinances made in pursuance of this act of incorporation, the
f president of the board of trustees, or any justice of the peace
president as within said incorporation, shall have jurisdiction to hear and
justice peace determine the same, and an appeal may be taken, and writs
Writ of certi- of certiorari allowed from such decisions, in the same manner
orari as now is or m'ay be hereafter provided by law for appealing
from judgments of justices of the peace.
Sec. 8. The board of trustees shall have power to levy a
School houses tax for the erection of schools houses and the support of com-
mon schools within said corporation, and to raise money by
To borrow loan on the credit of the town for commencing and prosecuting
works of public improvements: Provided, however^ That the
same shall be submitted to a vote of the citizens of the town
and approved by a majority thereof.
Sec. 9. That upon the application of the owners of two
thirds of the real estate, upon any street, block or half block,
it shall be lawful for the board of trustees to levy and collect
Special tax to a special tax on the owners of the lots on said street, block,
f,vi*ifc!^°^ half block, according to their respective fronts, for the pur-
pose of grading and paving the side walks of said streets,
blocks, or half blocks.
Sec. 10. That ihe board of trustees shall have power to
regulate, grade, pave, and improve the streets, avenues, lanes,
and alleys within the limits of said town, and to extend, open,
kerand'o^Uc^*^^ widen the same, and to set aside and appropriate sufficient
purposes ground for a square, for a market, and other public purposes,
Markets
Fire depart
ment
Wells and
pumps
Aqueducts
Quarantine
laws
Fines to be
imposed
Jurisdict'n of
money-
Proviso.
& sidewalks
LAWS OF ILLINOIS. 125
making the person or persons impaired thereby adequate com-
pensation, to ascertain which the board shall cause to be sum-
moned twelve good and lawful men, freeholders, and inhabi-
tants of said town,* not directly interested, who being first
duly sworn for that purpose, shall inquire into and take into
consideration as well the benefits as the injuries that may p^^,^
accrue, and estimate and assess the damages which would be how assessed
sustained by opening, widening or extension of any street,
avenue, lane or alley, or setting aside and appropriating ground
for a market square and other public purposes, and shall more-
over estimate the amount which other persons will be benefit-
[ted] thereby who shall contribute towards compensating the
persons injured, all> of which shall be returned to the board of
trustees under their hands and seals, and the person or per-
sons who shall be benefitted and so assessed shall pay the same
in such manner as shall be provided, and the residue if any
shall be paid out of the town treasury.
Sec. 1L That the trustees shall have power to survey and
plat the grounds within the corporation flimits and record
the same, which, when thus surveyed, platted, and recorded,
shall be a governing plat for town rules: Provided^ however, Proviso
That this shall be so construed as to give the trustees power
so to vary from any established plat, as thereby to affect the
rights of private individuals.
Sec. 12. That whenever the owners of any lot or piece of
ground within the limits of said incorporation shall neglect or Neglect to
refuse to pay the tax or taxes levied on the same when they pay tax on
may become due, it shall be the duty of the trustees to advcr- ^°^^
tise the same for non-payment, either in a newspaper printed
in said town or by posting in three of the most public
places in said town for the space of sixty days, and on further
failure of payment thereof, to sell at public sale said lot or ^ots to be
piece of ground to pay said taxes and defray the expences of sold
collection.
Sec. 13. All ordinances shall, within ten days after their
passage, be published, either in a newspaper if one is Ordinances,
printed in the town or by posting in three of the most public publilT^ ^
places in said town.
Sec. 14. That when any real estate in said town shall be
sold for the non-payment of taxes by the authority of said cor- ^^'^j^ho^may
poration, said lands may be redeemed in the time that other be re'deemed
lands are redeemed by virtue of the laws of this State, upon
paying the treasurer of the board double the amount of taxes
for which the same was sold, together with all the costs accru- conveyance
ingon such sale; land not redeemed under such sale shall be con- of lands not
veyed by special warranty under the seal of the corporation. ^^'^^^'"^'^
Sec. 15. The officers of said town in addition to the presi-
dent and trustees, shall consist of one clerk, one street com- ^jjitjonal
missioner, one treasurer, three assessors, one town constable and officers
collector, one town surveyor, and such other officers as the trus-
126 LAWS OF ILLINOIS.
tees of said town may deem necessary for the good of said
town.
Sec. 16. That the president and trustees of said town,
shall, whenever they may deem it necessary, order the forma-
Fire engine ^ion of fire engine companies and hook and ladder companies;
corajKinies •, ? ^.^, , ^ , ,-^,'
said company to contani such number oi members as the trus-
tees by their ordinances shall direct.
Sec. 17. That all lots of land or parcels of ground in said
T J J town, or which have been conveyed bv the original proprietors
Lands donati ,, r *i ^ ^i • i i -. . ^r • i ^
ed to town thereot, or other persons to the mhabitants ot said town m
their aggregate capacity, or to any person or persons in trust
for them, or for their use and benefit, and all funds raised or
to be raised by the sale of donation lots or otherwise, whether
for the erection of school-houses, academies, or places of pub-
lic worship, are hereby declared to belong to, and to be vested
in said corporation, and shall be under the direction and
management of the trustees aforesaid and their successors,
and appUed in the furtherance of the objects intended by the
proprietors or donors thereof, and the said trustees shall have
power to institute suits for the recovery of every or any such
lots or parcels of ground should it be necessary, and to perfect
in them or their successors the title thereof, or to make such
other adjustment relative thereto, as to them shall seem expe-
Proviso. dient and proper: Provided, That nothing contained in this act
shall be so construed as to afiect the act incorporating the La-
con Academy.
Sec. 18. That it shall be the duty of the board of trustees
Notice of in such manner as they may hereafter provide to give notice
town meet'gs of ^\\ town meetings to be held, whether for the election of
trustees or any other purpose arising under the provisions of
this act, by posting the same in three of the most public places
in said town, and stating therein the object of such meeting:
Proviso Provided, hozvever, That not less than three days notice of such
meetings shall in any case be given except in cases of emer-
gency.
Sec. 19. That the members of the board of trustees and
OfHcers to any officer of said corporation, shall, before entering on the
take oath duties of his ofiice, take an oath or affirmation before some
judge or justice of the peace to support the constitution of the
United States and of this State, and faithfully to discharge the
duties of their several offices.
Division of '^EC. 20. That the trustees may have power to divide said
town into to'.vn into such number of wrrds as to them shall seem expe-
wards dient and proper: Provided, however, That no stock belonging
to citizens without the boundaries of said town shall be hurt by
the authority of said corporation.
Sjsc. 21. That from and after the officers of said town are
elected under the provisions of this act and qualified for office
c , according to the previous sections of this act they shall be
buccessors to , , *? i ^ ,, i i i i
trustees deemed m law successors to the trustees, elected under the
LAWS OF ILLINOIS. 127
aforesaid general act, shall be carried into full effect by their
successors.
This bill having been laid before the Council of Revision and ten days Certificate of
not having intervened beforethe adjournment of the General Assembly, Secret'y State
and the said bill not having been returned with the objections of the
council on the first day of the present session of the General Assem-
bly, the same has become a law.
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary of State.
AN ACT to incorporate the Madison county Ferry Company. In force,
Feb. 3, 1840.
Whereas Thomas G. Lofton, William Gillham, Moses Seeds, Preamble
William Snyder, and John Wood, residents of Madison
county, in this State, have represented to the General As-
sembly that they have, in good faith, contracted with Abel
Rathburn Corbin, and Ehzabeth Corbin, his wife, of the
city of St. Louis, in the State of Missouri, for the ferry
across the Mississippi river, between North St. Louis and .
a point in Illinois five rods north of the line between town-
ship two and three north, and also for the steam ferry boat
Brooklyn, and can have a title therefor; and whereas
it has been represented, that although the profits of said
ferry have hitherto proved insufficient to induce any indi-
viduals to keep the same in operation for any considerable
time, yet a company may be formed , under an act of incor-
poration, who will be able to maintain said ferry in such a
manner as greatly to promote the public convenience:
Therefore,
Sec. \. Beit enacted hy the People of the State of Illinois^ rep-
resented in the General Assembly, That Thomas G. Lofton, Wil- « .
liam Gillham, William Snyder, Moses Seeds and John Wood,ra°te^^°'^°'°
and such others as may associate themselves with them, their
successors and assigns, are hereby constituted a body corpo-
ratebythe name of the "Madison County Ferry Company," for Name and
the purpose of conveying, in steam or other boats, persons style.
and property from this State, at a point five rods north of the
place where the line between townships two and three north
strikes the bank of the Mississippi river to the opposite shore, fc°rT^°^ °^
at a place called North St. Louis; said company shall have
succession for ten years, may sue and be sued, contract and Term of char-
be contracted with, may have a common seal and change the ter
same at their pleasure during their corporate existence. \
Sec. 2. The business of said company shall be under the Business of ^
entire control and management of five directors, to be chosen comp'ny,how
as hereinafter provided, which directors shall choose one of *^°°^"^'^'^
their number to preside over their deliberations. Said direc-
tors shall continue in office one year, and until their succes-
sors shall be elected and qualified.
128 LAWS OF ILLINOIS.
Sec. 3. The capital stock of said company shall be twen-
$25,000 capi-ty.flvg thousand dollars, to be divided into shares of one
ta stoc hundred dollars each ; fifteen per cent, on each share to be
paid at the time of subscribing, and ten per cent, to be paid
every four months thereafter, if required by the directors.
Sec 4. If any stockholder shall refuse or neglect to pay
the balance of his stock for ten days after the same shall have
Stock, when become due and after the same shall have been required by
forfeited ^j^g directors, the president and directors may declare his
stock forfeited for the benefit of the company.
Sec 5. It shall be the duty of the president and direc-
tors to give notice by setting up at five of the most public
Notice of pay- pi;^cgg j^j ^^[-^[^ State, vrithin six miles of said ferry, written or
™^" ^ printed advertisements, at least ten days previous to the time
when payments are required to be made; said advertise-
ments to state what per centum on the stock is required to
be paid, and the place where and the person to whom the
same must be paid.
Commission- Sec. 6. Samuel Squire, Moses Seeds, Thomas Gillham,
ers to receive joiin jyes and Calvin Kinder, are hereby appointed commis-
scnp ion. gJQjjgj,g^ whose duty it shall be to open books for the subscrip-
tion of stock of said company, at such time and place as they
may think proper, by setting up written or printed notices
in five of the most public places in six mile township, at least
ten days previous to the opening of the books for subscrip-
tion of stock; said books to remain open until all the stock
is subscribed, or until otherwise directed by said commis-
sioners.
Sec 7. As soon as one half of the capital stock of said
company shall be subscribed according to the third section
of this act, the aforesaid commissioners shall give notice to
the stockholders in the manner prescribed in the sixth sec-
tion of this act, that an election will be held for the purpose
Ejection of of choosing five directors of said company, and such election
directors gj^^jl j^g j-^gj^j ^^ the time and place previously appointed and
advertised. Each stockholder present shall be entitled to
give one vote for ev^^ry share of stock owned by him. The
commissioners aforesaid, or such of them as may be present,
shall be judges of the first election of directors, and shall cer-
tify under their hands the names of the persons duly elected
to the oftice of directors; and the commissioners shall deliver
to said directors the subscription books together with all mo-
nies paid to them on stock.
Sec. 8. Elections of directors, subsequent to the election
provided for in the preceding section, shall be held at some
Notice of an- place in this State within five miles of said ferry landing, at
nual elections gygj^ place and at such time in the month of January in each
year, as the directors may think proper. For this purpose
the directors are required to give ten days previous notice
in the manner prescribed in the seventh section of this act,
and to conduct the election in the same manner as the com-
LAWS OF ILLINOIS. 12§
missioners are required to conduct the election provided for
in the said seventh section. If from any cause an election
shall not be made at the time appointed, such omission shall
not affect the existence of the companj^, but the president
shall in such case appoint another day, as soon thereafter as
may be for the holding of such election.
Sec. 9. The president and directors shall have power to
make all by-laws and regulations that may be necessary for Cy-laws and
the transaction of business and the good government of the regulations
company, and to alter or amend the same as often as may be
necessary: Provided, Tha-t such by-laws and regulations shall
not be in contravention of this act, or of the constitution or
laws of the United States or of this State.
Sec. 10. The rates of toll and license of said ferry shall
be under the control of the county commissioners' court in Co. com'rs to
the manner now provided, or hereafter to be provided, by the govern ferry
laws of this State regulating ferries.
Skc. 11. No othei ferry shall be established within one Nq other feiTy
mile of the ferry authorized by this act, during the existence within! mile
of the said company: Provided, That the General Assembly Proviso
may repeal this section whenever, in their opinion, the pub-
lic interest shall require it.
Sec. 12. The stock of said company shall be transferable
only on the books of the company.
Sec. 13. The said company shall have power to hold real Real estate
estate not exceeding six hundred and forty acres; to build '^^^'^
ferry houses, and build or purchase ferry boats of any kind;
to improve roads and bridges; to borrow money not exceed-
ing the amount of their capital stock: to employ engineers Engineers &
and ferrymen, and generally to do such other things as shall ferrymen
be necessary to keep said ferry in operation.
Sec. 14. Said company may land its boat, or boats, at
any point within one mile of its established place of landing
whenever it may be necessary or convenient to do so, without
being required to pay for any additional license, and for that
purpose may use any public road or street, without let, hin-
drance or charges from any persons whomsoever.
Sec. 15. The company hereby incorporated may con-
tinue in existence during the term of ten years from the pas-
sage of this act.
Approved, February 3, 1840.
AN ACT to relocate a certain State road in Pike county. In force
Feb. 1 . 1840.
Sec. 1. Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That William Blair, James
Gates, and John Gaston, of Pike county, be, and they are Commission-
hereby appointed commissioners to review and relocate so ers to relocate
much of the State road, leading from Griggsville in Pike'^'*^^
9
13) ' LAWS OF ILLINOIS.
county, to Kinderhook, as is situated between New Philadel-
phia and Kinderhook.
Sec. 2. Said commissioners, or a majority of them, shall
Time L place meet at Worcester, on the first Monday in April next, or
of uieeting within sixty days thereafter, and after being duly sworn by
some justice of the peace to faithfully discharge their duties
agreeably to the provisions of this act, shall proceed to re-
view and locate that part of said road, situated as aforesaid.
Sec. 3. The said commissioners shall, within thirty days
after having relocated said road, make report in writing, and
wrfdn^^" file a copy of the same, in the office of the clerk of the coun-
ty commissioners' court in Pike county.
Sec. 4. When said road is relocated, it shall be opened
and kept in repair. The county commissioners of Pike
Pavof com'rs ^°"^^y shall allow said commissioners, and others employed
in relocating said road, such a compensation as they may
deem just and equitable.
Approved, Feb. I. 18 iO.
In force, AN ACT concerning the Little Wabash river.
Feb. 3, 1840.
Sec. L Be it enacted by the People of the State of Illinois,
Co. comv's oi represented in the General Assembly^ That the county commis-
White may sioners' court of White county is hereby authorized to re-
dam*^^ ^^ ' move the mill-dam across the Little Wabash river, purchased
by the State, if to the said court it shall appear advisable so to
do.
Approved, February 3, 1840.
In force -^^ ACT regulating the time of holding the court in the counties of
Feb. 3 1840. Clinton and Bond.
Sec \, Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That the next term of
QQjj^jjjjgg^j the Bond circuit court shall be held on the fifth Monday of
March, 1840, and ail process, suits, and recognizances which
have been or may be issued or entered into, and made returna-
ble to, the said court, as at present arranged, shall be taken
and considered to be returnable to the time fixed by this act,
and shall be valid to all intents and purposes.
Judge of Clin- Sec 2. That the judge of the circuit court of Clinton coun-
ton circuit ty ^^^y order ci venire for any number of talismen that he
der venue ^^^ "^^Y think proper, at the next term of the said court. This
p.. . act to take effect from and after its passage; and the Spring
cuit court"' term of the Chnton circuit court shall continue two weeks.
Approved, February 3, 1840.
LAWS OF ILLINOIS. 131
AN ACT to authorise the trustees of schools in township eight north, In force,
range five east, to refund certain moneys. Feb. 1, 1840.
Sec. 1. Be it enacted by the. People of the State of Illinois,
represented in the General Assembly, That the trustees of Trustees of
schools, m township number eight north, of range five east, of schools in Pe-
the fourth principal meridian, in the county of Peoria, be, and oveVmoneys
they are hereby, authorized to pay over to the purchasers of
s'ection number sixteen of said township, any amount of mo-
ney the said purchaser may have over-paid, by reason of the
said section or any part thereof having fallen short in quantity,
from what the said section or any such division may have been
supposed to contain at the time of sale.
Approved, February 1, 1840.
AN ACT in relation to the Charleston Seminary and Jonesboro' College. In force,
Feb. 3, 1840.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the trustees of the Trustees of
Charleston Seminary shall hold their offices until the first Mon- Charleston
day in May next, and until their successors are elected and Seminary
qualified.
Sec. 2. That an election shall be held at the seminary on
the first Monday in May next, and every four years thereafter. Time of elec-
for seven trustees to said seminary, who shall hold their ofti- tion
CCS for four years, and until their successors are elected and
qualified.
Sec. 3. Every person who shall have subscribed and paid y^^^ entitled
five dollars, or who may hereafter subscribe and pay five dol- to vote
lars, shall be entitled to a vote for said trustees, and for every
additional ten dollars so subscribed and paid in, [or] which may
hereafter be subscribed and paid, an additional vote; which
right to vote may be transferred. The trustees shall keep a
record of the names of the donors, and the amount donated, Records
and the names of the persons that such privilege is transfer-
red to.
Sec. 4. The trustees shall have power to make such rules Pov^ers
and regulations in regard to the manner of holding elections,
and determining upon who shall he elected, as they may think
proper; and to make such other rules and regulations for said
seminary, as they may deem expedient. They shall keep a
journal of their official acts, and may confer such degrees as
are conferred by other institutions of learning.
Sec. 5. The seminary shall not be used as a house of pub- Seminary
lie worship, and no pupil excluded on account of his religious how used'
opinions.
Sec. 6. The school commissioner of Coles county is hereby 0^^^^
authorized and required to pay to the order of the president school comr'8
and trustees of the Charleston Seminary two hundred dollars °'^o'^s co.
132 LAWS OF ILLINOIS.
per year, out of the distributive share of the Slate fund, for
purposes of education, to the county of Coles; and the said
trustees are hereby authorized to expend said money in such
manner as they may think proper for the use and benefit of
said seminary.
Sec. 7. Two-thirds of the trustees shall have power to ex-
Ex ulsion of P*^^ ^"y member of said board of trustees for mal-conduct,
members and till any vacancy which may occur from any cause what-
ever. And the provisions of this act shall apply to the Jones-
borough College in all respects whatever, on condition that a
majority of the qualified voters of said town of Joncsborough
shall signify their willingness to the same by a vote of said
town, on or before the first day of June next.
Approved, February 3, 1840.
Jonesboro
college
In force, AN ACT supplemental to an act entitled "an act to incorporate the
I'eb. 3,1840. Quincy House Company," approved March 2 [Feb. 21,] 1839.
Sec. 1. Be it enncted hy the People of the State of Illinois,
represented in the General A ssemhhj^ That the Quincy House
Capital stock Company be, and the same are hereby authorized and em-
may be extcn- powered to add to the capital stock of said Company, at any
ded. ijf^g before the first day of January, 1841, by a purchase of
all the lands, tenements, hereditaments and a]ipurtenances
held by the Illinois Land Company, all of which said lands
having been heretofore conveyed by sundry persons, to Charles
F. Moulton, Daniel Low, David H. Nevins, John N. Gossler,
Lnndsof Ills. Jq^j^ -^y, Leavitl. Joseph L. Joseph, Samuel S. Lewis, Amos
Land o. ginnov, James C. Dunn, Joseph Swift, Lemuel Lamb,
Charles Atwater, and James B. Danforth; also to Lemuel
Lamb, and Thomas Dunlap, at such price, and on such terms
as the said Quincy House Company, and the Trustees and
Directors on behalf of the Illinois Land Company may think
proper to contract, which lands were purchased of sundry
individuals by the said trustees and directors, and are situate
in the State of Illinois, and constitute the joint interest of the
Illinois Land Company, of which company John Tillson jr.,
is their general agent.
Sec. '2. Upon the purchase of the lands and other property
belonging to the Illinois Land Company, by the Quincy
House Company, the said Quincy House Company may issue
Additional fifteen thousand shares of additional stock of one hundred
stock dollars each, and the lands so purchased shall all be disposed
of by said company on or before the first day of January, A.D.
Sales of lands 1848, first offering the sams at public sale at the office in
Qu'ncy, Illinois, giving at least sixty days previous notice of
such sale by advertisement in at least four of the pubHc
newspapers printed in this State, and that certain portions of
said land, not less than one-eighth of the quantity they may
LAWS OF ILLINOIS 133
own, shall be brought inlo market in each and every year,
until all shall have been disposed of by the company, and
that the minimum price at the public ^ale shall not exceed the
government price, though after the public sale is over, all of
said lands remaining unsold may be disposed of at any price,
and on such terms as the said company may think proper.
Sec. 3. All deeds and documents of every kind, relating
to the title of any property that may be conveyed to the
Quincy House Company as aforesaid, and that may be found
in anywise requisite to place on record, in order to show a papers'may
more perfect chain of title to any portion of the property so be recorded in
held by them, may be recorded in the recorder's office of the Adams co.
county of Adams; and it shall not be requisite to record said
deeds or documents in any other county in this State.
Sec. 4. The Legislature reserve the right, after the first Ri?ht reserv-
day of January 1S4S, to investigate the books and papers of ^^^^° Legisla-
the Quincy House Company, and to call upon the officers for
any information they may wish for, in reference to a final dis-
position, by said company, of all the lands and other prop-
erty conveyed to them by the trustees and directors of the
Illinois Land Company, and to reduce the capital stock of the
said Quincy House Company to the original capital of one
hundred thousand dollars; and require them to confine their
■operations exclusively to the manag ;ment of the same, and
the business necessarily connected therewith.
Sec. 5. Should the Illinois Land Company accept the pro-
visions of this act, and consent to a sale of their property to
the Quincy House Company, they shall signify their accept-
ance of the same by an instrument of writing under the hand
and seal of John Tillson jr., the geneual a^ent, which said
acceptance shall be filed with the secretary of the Board of
Directors of the Quincy House Company, and by him entered
upon the records of said company. Said secretary shall make
out and certify a copy of said acceptance, and transmit the
same to the Auditor of Public Accounts, to be by him filed
and preserved in his office.
Sec 6. The corporate existence of the said Quincy House Existence of \
Company shall wholly cease at the termination of twenty ^^^^"J^^^^
years from the passage of this act.
Approved, Februarv 3, 1840.
AN ACT to alter a certain Slate road in Fayette county. In force,
7eb. 1, 1840
Sec 1. Be it enacted by the People of the State of Illinois,
repressnled in the General Assembly, That so much of the State
road leading from Greenville to Shelby viUe, as lies in Fayette ^^""^ ""^^"S-
Gounty, be, and the same is hereby, changed as follows: leav-
ing the old road at Mathe^v Pope's line, in section twenty-nine, Alteration
running thence fifty-eight rods to said Pope's corner; thence,
134 LAWS OF ILLINOIS.
north-east ninety-three rods, so as to intersect the old road at
Jonathan Cooke's line, in section twenty-one, township eight
north, range one west of the third principal meridian; any
law to the contrary notwithstanding.
Sec. 2. The county commissioners of Fayette county may,
Road may be at their March term, make an order for the relocation of said
relocated road, as described in the first section of this act, and when so
surveyed and located, shall be declared a State road, and kept
in repair as other public roads in this State. Said court is
Expenseshow hereby authorized to pay all reasonable expenses which may
P^ 'be incurred in the relocation of said road.
Approved, February 1> 1840.
In force, AN ACT for the benefit of VVildy Lodc:e in the town of Galena.
Feb. 3, 1840.
Sec. 1. Be it enacted by the people of the State of Illinois^
represented in the General Assembly^ That John Turney,
Constantino Kentlenback, Edward H. Snow, and John G.
Body politic Potts, their associates and successors, in the town of Galena,
and corporate be and they are hereby constituted a body politic and corpo-
Kame& style rate, under the name and style of Wildy Lodge, number five,
of the Independent Order of Odd Fellows, for the purpose of
producing harmony and good fellowship, promoting their
common interest, disseminating useful knowledge; to relievo
Objects and give succor to the distressed of their own order, and for
the general purposes of charity and good feeling, and for no
other purpose whatsoever. The said corporation is declared
Powers. a,nd hereby made capable in luw to sue and be sued, plead
and [be] impleaded ; to have a common seal,and the same to al-
p . ter and renew at pleasure: Provided, That the said corpora-
tion shall not hold more than one acre of ground with the
improvements thereon, except such as shall be donated to
and for the sole use and behoof of said corporation.
Approved, February 3, 1S40.
In force ^^ ACT to vacate certain alleys in the town of Winnebago.
Dec 10, 1839.
Sec 1. Be it erMcted by the people of the State of Illinois,
represented in the General Assembly, That so much of those
., . alleys in the town of Winnebago, as run through block one,
block iV 40 ^^^ block forty of said town, be, and the same are hereby
vacated vacated: Provided, That the consent of the owners of lots on
Proviso. gaid alleys shall first be obtained.
Certificate of "^^^^ ^^'^ having; been laid before the Council of Revision, and ten days
Sec. of State ^^^ having intervened before the adjournment of the General Assembly,
and said bill not having been returned with the objections of the coun-
cil on the first day of the present session of the General Assembly, the
same has become a law .
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary oj State,
LAWS OF ILLINOIS. 135
AN ACT for the benefit of Vesty Adaliue Martin. In force,
Dec. 10, 1839. *
Sec. L Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That Vesty Adaline
Martin, of Shelby county, in this State, is hereby rendered
free and capable in law of doing and performing every and
all acts, which would be competent for persons of full age to
do and perform, and all such acts shall possess the same validi-
ty, force, and effect, as if the said Vesty Adaline Martin
was of legal and mature age. This act to take effect from
and after its passage.
This bill having been laitl before the Conncil of Revision, and ten days Certificate of
not having intervened before the adjournment of the General Assem- ggcj-efy State
bly, and the said bill not having been returned with the objections of
the council, on the first day of the present session of the General Assem-
bly, the same has become a law.
Given under my hand, the 10th day of December, 1839.
A. P. FIELD^ Secretary of State.
AN ACT to incorporate the Kankakee manufacturing company. jjj force
Dec. 10, 1830.
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That Jacob B. Merrick, v
Richard J. Wells, Jeremiah Price, Henry Green, Allen H.
Howard, Artemus Doane, John G. Castu, and their associates
and successors, be, and they are hereby constituted a body Body politic
corporate and politic, by the name and title of the Kankakee Name & style
Manufacturing Company, to be located in the town of Kan-
kakee, La Salle county, and by that name and title shall
have power to sue and be sued, contract and be contracted Powera
with, plead and be impleaded, defend and be defended, answer
and be answered unto, in all courts of law and equity having
competent jurirdiction.
Sec. 2. The said company shall be vested with full power
to erect a dam across the Kankakee river, in said town of Dam to be
Kankakee, of such height and on such a plan as shall not'^"^''"
obstruct the ordinary navigation of said stream, or interfere Navigat'n not
either with private or public rights to erect mills, furn?.ces,g°j struct-
machine shops, and all other machinery for the purpose of
transacting all kinds of manufacturing business which they
shall deem proper, to give and receive promissorj notes, gj.^'^^ " P°^'
to purchase, take, and hold such property, either real, per-
sonal, or mixed, as may be necessary to carry into effect the
object of said company, and the same to sell, exchange,
or otherwise dispose of: Provided, The quantity of real es-pj^j^jg^
tate so purchased, and held by such company shall not exceed
three hundred and twenty acres; to^ordain, establish, and
put in execution such by-laws, ordinances and regulations as By-laws
may be necessary for the good government of said incorpo-
136 LAWS OF ILLINOIS.
ration, to have a common seal, make, alter, break, or renew
the same at pleasure, and to do all other acts and things
which they may deem best for the interest of the company,
not contrary to (he law or the constitution.
Sec. 3. vThe capital stock of said company shall be one
Capitfil stock hundred thousand dollars, with power to increase the same
be^ncI-eaS^ '■^ ^^^ hundred thousand dollars, at the pleasure of the com-
to $500,000 p^my? which capital stock shall be divided into shares of one
hundred dollars each. The total amount of debt which the
Total debt of company shall at any time owe, shall not exceed the amount
company of their capital stock; but in case an excess of debt shall be
Private pro- created or permitJ^ed, the private property of the board of di-
p!7h°^''^" rectors under whose administration it shall happen, shall be
holden for the same, but this shall not exempt the corporate
property of the company from being also liable for such ex-
cess.
Sec 4. The charter of incorporation hereby granted
ter sliall continue in force twenty years from and after the pas-
sage of this act.
Subscription Sec. 5. Subscriptions to the capital stock of said company
books gl-jj^)] [jg opened under the direction of Jeremiah Price, Rich-
Directors for ^^^ J* Wells, Henry Green, A. H. Howland, and J. B. Mer-
time being rick, who shall be directors from the time this act takes effect
and until others are elected, and it shall be the duty of the
directors for the time being, to call for and to demand of the
stockholders respectively all sums of money by them sub-
scribed at such times and in such proportions as they shall
Notice of pay- see fit, giving always sixty days notice in a public journal
ments on sub- printed in or nearest to said town; and in case of failure on
the. part of any of the stockholders or their legal representa-
tives to pay in said stock as required, or within thirty days
thereafter, all the interest they may have in said company
Forfeiture of shall be forfeited to the members thereof. So soon as the capi-
^'°^^ tal stock shall have been subscribed, it shall be the further
duty of the directors above named, to proceed to distribute
the stock among the subscribers in such manner as they
shall deem best for the interest and future prosperity of the
company.
Officers Sec. 6. The officers of said company shall consist of a
board of five directors, one of whom shall be elected Presi-
dent of the board; they shall be chosen annually, from among
Election to be the stockholders, at the time such elections may be held,
annual ^^^ j^^ g^^^j^ manner as a majority of the stockholders shall
ordain and determine; each share of the stock shall be enti-
tled to one vote, and the members may vote either in person
or by proxy; a majority of the directors shall constitute a
quorum to do business.
Sec. 7. The board of directors or a majority of them
in'trT^'^ ™*^®'" shall have power to call special meetings of the company and
to fix the times of holding the annual meetings for the election
LAWS OF ILLINOIS. 137
of officers, by giving sixty days previous notice in the nearest Notice
public journal; to fill vacancies that may occur in their own Vacancies,
body, either by death or resignation, to hold their offices until ^°^ ^^^^^
their successors are elected; to appoint, employ, and dismiss
at their pleasure a trcasurcr,sccretary, and all other officers, Treasurer &
agents, clerks, mechanics, laborers, and servants, and to fix °^*^^'^°^°^''^»
their compensation, in order to execute and transact ;.ll the
necessary and proper business of the company, and to make
and prescribe such rules, regulations and by-laws, relative Rules, by-
to the concerns of said incorporation as the interest of the ^'^^^
company may require.
Sec. '8. It shall be the duty of said board of directors, at
all times, to keep pioper books of accounts, in which they Books of ac-
shall register all the transactions of the company, which count
books shall at all times be subject to the inspection and ex-
amination of the stockholders, to make annual and semi-
annual dividends of so much of the profits of said company Dividends
as they shall deem advisable for the interest of the company,
and whenever required by a majority of the stockholders to
exhibit at a general meeting, as complete and perfect a state-
ment of all the debts, credits, and of all other matters in rela-
tion to the affairs of the company, as may be deemed essen-
tial.
Sec. 9. The stock of said company shall be deemed per- s,ock deemed
sonal property, and assignable and transferrable on the books personal
of the company, but no stockholder indebted to the company
shall be permitted to make a transfer or an assignment, until
such debt be paid, or secured to be paid to the satisfaction of
the directors.
Sec. 10. A majority of the stockholders may call a spe- Special meet-
cial meeting of the company when they deem it necessary. ^°S^
Sec. 11. This act is hereby declared a public act, and Public act
shall take effect from and after its passage; and the Legisla-
ture hereby reserves the right to alter, modify, or repeal this^^y^'^ reserv-
act, or any part of its provisions, whenever they may deemture
the public interest to rrquire the same: Provided , Tha.t in Proviso
case of repeal, the said corporation shall be allowed such rea-
sonable time to dispose of their property, and close their con-
cerns, as in the wisdom of the Legislature may be deemed
equitable and just.
This bill having been laid before the Council of Revision, and ten days not Cgi-tigpate of
having intervened before the adjournment of the General Assembly, g |- g,„.g
and tlie said bill not having been rtturned with the objections of the
council on the first day of the present session of the General Assem-
bly, the same, has become a law.
Given under my hand this 10th day of December, 1839.
A . P. FIELD, Secretary of State.
138 LAWS OF ILLINOIS.
In force, AN ACT to incorporate the Vandalia and Mississippi Turnpike Company,
Dec. 10, 1839.
Sec. L Be it enacted by the people of the State of Illinois^
represented in the General Assembly, That James Black, James
Body corpo- T. B. Stapp, Robert K. McLaughlin and Robert Blackwcll of
rate Fayette county, Thomas Kejs, Seth Blanchard, J. W. Fitch,
William S. Wait, James Bradford, William Smith, Lorenzo
D. Plant and Duncan Johnson of Bond county, James Rey-
nolds of Madison county. Vital Jarrott, William W. Romann
and Benjamin T. Kavanaugh of St. Clair county, and their
successors in office duly elected as hereinafter directed, are
hereby constituted and appointed a body politic and corporate,
Name and ^nd by the name and style of "the Vandalia and Mississippi
style Turnpike Company," shall be able and capable in law and
equity, to defend and be defended, answer and be answered
into, in any and all courts of justice whatever, to purchase or
?'^''^y,.''f'^^^yf receive donations of land, money, or other valuable thing,
donations in i i n *^ i i • °
hand &c. to borrow money, and do all matters and thmgs necessary to
carry into effect the objects contemplated in this act as fully as
natural persons could do, for the purpose of raising means to
complete the road hereinafter named, but for none other; to
May .have a make and use a common seal, and the same to alter- change,
seal or renew at pleasure, and shall be able in law to make con-
tracts, and enforce the same, and to make and enforce the ne-
To make by- cessary by-laws, rules, and regulations, to enable them to carry
laws unto effect the provisions of this act, and the objects contem-
plated by the same, not inconsistent with the laws and consti-
tution of this State.
Soo'ooo'^'"''^ Sec. 2, The capital stock of said corporation shall be five
Shares hundred thousand dollars, divided into shares of fifty dollars
Capital stock each, with power to increase the capital stock if necessary to
may be "i- accomplish the objects herein Contemplated.
Time & place ^^^' C*^*] '^'^^ directors in this act named or a majority of
of meetingof them, shall meet at such time and place as they may agree on,
directors and organize said corporation by electing one of their own
President*'^ body to be president; and after such organization, any three
Quorum of said board shall be a quorum to do business, but after an
election for directors it shall require five to form a quorum.
Appointment Sec. 4. The corporation shall have power to appoint
of agents. agents, clerks, treasurers, surveyors, engineers, superinten-
dants, artists, and all other officers, and persons necessary to
Journals of carry into effect this act^ they shall keep a journal of all their
proceedings proceedings, in which shall be entered all by-laws, rules, and
regulations and all orders for the payment of such allowances,
as may be made to their officers, and all others in their em-
ployment, which journal shall from time to time be read, cor-
rected and signed by the president. They may sit on their own
adjournment, or oii the call of the president. When the pre-
President pro gJclent is absent, they may appoint a president /)ro tempore: they
*^'"' shall fill all vacancies that may happen in their own body.
LAWS OF ILLINOIS. 139
Sec. 5. The corporation shall cause books to be opened for Books of sub-
subscription to the capital stock at such time and such place or ^^"P'^°"
places as they may choose, one notice of which shall be given
in some public newspaper in this State; in each of which
books the following entry shall be made: we, the undersigned Entry to be
promise to pay the sum of dollars for each share of stock set^^[ V°
opposite our names, in such manner and proportions, and at books
such times as the president and directors of the Vandalia and
Mississippi turnpike company may direct, witness our hands
this day of.
Sec 6. It shall be lawful for all persons of lawful age, Who may sub-
or for the agent of any corporate body, to subscribe for any scribe for
amount of the capital stock, and the said corporation may, ^^^^
by an agent, offer for sale in every other State any amount of
stock upon such terms and conditions as may be thought ad-
visable, and they shall have power on their own credit to
borro\^ upon such terms as may be agreed on by the parties, j^^^ onow
The corporation may require such sum of money to be paid
at the time of subscribing, not exceeding five dollars on each Amount to be
share, as they may think proper, but the amount required V^^'^ °" ^*^*^
shall be made known at the notice for opening the books, and gcribed
any further payments on the stock shall be under the control
of the corporation.
Sec. 7. As soon as five hundred shares are subscribed for, When 50O
and five dollars paid on each share, it shall be the duty of the^Jjj' directors
corporation to give three weeks notice thereof in such news- may be cho-
paper in this State, and in such notice appoint a time and^en
place for the stockholders to meet and elect eleven directors
who shall be stockholders and citizens of this State, and
which election shall be by ballot, conducted under the super- Qnalifications
intendence of an inspector and two judges appointed by the
stockholders present, and the persons having the highest Elections hovs-
number of votes for directors, shall be declared duly elected; conducted
no share shall confer a right to vote at any election, unless Shares, when
the same shall have been held one month previous to the elec- "°vo^te'^' ^ ^^
tion; in all elections each share shall entitle the holder to one
vote only, to be given by the person owning the same, or by
one of any partners, or by the husband, father, mother, ad-
ministrator, or executor, or trustees, or guardians, or by the
agent of any corporation, or of any person having a right to,
may vote by proxy.
Sec 8. It shall be the duty of the directors elected as
above and those elected at all subsequent elections, to meet ^"?.^i^!^^„i J°
, r ■ 11 meetand elect
as soon thereafter as may be convenient, and elect one of President
their body to be president; the president and directors thus
elected, shall continue in office until the next annual election. Term of office
and until their successors are elected and qualified. °^ officers
Sec. 9. All elections after the first, shall be held on the
first Monday in January, annually, under the direction of the Annual elec-
etockholders present, of which election notice shall be given; *^°"^
140 LAWS OF ILLINOIS.
but should no election be held on the day appointed by this
act, or Liy the directors for the first election, it shall be lawful
to hold the election on any other day.
Sec. 10. Certificates of stock shall be given to ^he stock-
Evidence of holders, which shall be evidence of the stock held, they shall
stock held jjg gjgned by the president and countersigned by the clerk,
May be trans- the stock shall be transfcrrable on the books of the corpora-
ferred ^[q^ Only, by an agent or attorney, or by the adminstrator,
executor, trustee, or guardian, but such stock shall be at all
Held for debts times holden by the corporation for any dues from the holders
due corpora- thereof to the corporation, or for any sums that may thereaf-
ter become due on a contract made prior to such transfer.
Sec. 11. The corporation shall liave power to call for
Instalments such portions of the stock subscribed not exceeding twenty
° ^'"^ five per centum, every six months, as they may think proper,
to be paid at such times and places as they may designate by
Noticeof pay- giving sixty days notice in some newspaper of this State, or
™ents ^y. giving written notice to the stockholders, in which shall be
specified the amount demanded on each share, and the time
and place of payment; and if any stockholders shall neglect
Refusal to pay or refuse to pay stich requisition within ten days after the time
subie'n™s^"^^' ^^"^G*^ ^^^ such payment, the corporation may bring suit
stockholder against [any] delinquent for the amount due, and called for,
to suit in any court of competent jurisdiction, and recover the
amount with two per centum interest thereon, per month, and
if the amount cannot be made on execution, or if [said] de-
linquent is out of the State, then the corporation may, by
Stock, when an Order on their books, declare such stock forfeited to the
forfeited corporation, with whatever amount may have been paid
thereon; and no such delinquent before the forfeiture of his
stock shall have the right to votefor directors, or receive any
dividend on his, her, or their stock, until the corporation is ful-
All officers to 'y satisfied. The corporation shall require of all officers and
give bond others in their employ, bonds with security as they may think
proper for the faithful performance of their duties.
Sec 12. The corporation, by their agents shall have pow-
Corporation er from time to time to ex; mine, survey, mark, and locate the
may examine, pQf^fj (qj. ^ turnpike road from the termination of the Cum-
cale'road °" berland road in Vandalia, or in case said road is continued
Route to Alton or elsewhere not on the line proposed in this char-
ter, then from some convenient point on said road to be se-
lected by the president and directors of this corporation, so
as to pass by the way of Greenville or to branch at Green-
ville, and thence to Amity in Bond county, nnd thence to the
Route Mississippi river in Illinois town, or at a point opposite to the
upper ferry, opposite North St. Louis with full power to di-
How far may verge from a direct line, not exceeding two miles in twenty
direcdine ™ between the points named, when more favorable ground can
be had for the construction of said road, the same to be not
Width of road more than eighty feet in width, and the said corporation shall
LAWS OF ILLINOIS. 141
nave full power and authority to open books for the subscrip-
tion of stock for the entire construction of said road its whole
length, as said corporation may deem most advisable under
the regulations and provisions of this act.
Sec. 13. And for the purpose of making such examination
and' location, it shall be lawful for the corporation by their
agent or persons in their employ, to enter upon any land, to
make surveys and estimates, and for the purpose of searching
for stone, grr.vel, wood, or other materials necessary for the „ . ,
■ ° r ' J II. . 1 , -^ . , Materials to
construction 01 said road, but no stone, gravel or other material construct ro'd
shall be taken away from any land without the consent of the
owner thereof, until the rate of compensation shall be ascer-
tained and paid.
Sec. 14. It shall be lawful for the corporation either be-
fore or after the location of any section of the road, to obtain
from the person or persons through whose land the same may
pass, a relinquishment of so much of said land as may be Relinquishm't
necessary for the construction of said road as also the stone ofiiindswhere
gravel, timber, and other materials that may be obtained on ^^^'^ passes
said route; and may contract for stone, gravel, timber, und
other materials that may be obtained from any lands near
thereto; to receive by donations, gifts, grants, or bequests,
lands, money, labor, properly, stone, gravel, wood, or other
materials for the benefit of said corporation; and all such con-
tracts, relinquishments, and donations, gifts, grants, or be- Contracts, &c
quests, made and entered into, in writing, by any person or made to be
persons, able in law to contract, made in consideration of^^"'^^"^
such location, and for the benefit of the corporation, shall be
binding and obligatory; and the corporation may and shall
have their action at law in any court of competent jurisdic-
tion, to compel a compliance thereto: Provided, That all Proviso
such contracts, relinquishments, donations, gifts, grants, and
bequests, shall be made in writing by the party making the
same.
Sec. 15. That in all cases where any person through
whose knd the road may run shall refuse to relinquish the Refusal to re-
same, or where a contract between the parties cannot be Jinqui^h
made, it shall be lawful for the corporation to give notice to
somejust'ceof the peace, in the county where such circumstan-
ces occur or may exist, and such justice shall thereupon sum-
mon the owner of said land to appear before him upon a parti-
cular day within ten days thereafter, and shall appoint twelve
disinterested persons of the neighborhood, who shall, after ta-
king an oath faithfully and impartially to assess the damages Dama£:es to
if any, view the land or materials, and after having taken be assessed
into consideration the advantages as well as disadvantac^es. ^'^^" J'"^"*^^
J 1 J L i J 1 , . I . . "^ , are taken
the road may be to the same, report thereon whether such
person is entitled to damages or not, and if so how much;
and shall file said report with said justice; whereupon said
justice shall enter judgment thereon unless for good cause
shown; and in case either party shall show sufficient cause
lowed to cir
cuit court
Judgment of
142 LAWS OF ILLINOIS.
why judgment shall not be entered, the justice may grant a
Proviso . review of the premises either with or without costs: Provided,
either party may at any time after the rendition of judgment
Appeals al- appenl to the circuit court of the proper county, as m other
cases, and such court shall appoint reviewers as above direct-
ed, who may report at that or the succeeding term, in the
circuit court discretion of the court, and the judgment of the circuit court
fi'ial- shall be final when rendered.
Sec. 16. And in all cases when the owner or owners of
such land or materials shall be minors, insane persons, or re-
side out of the county where such land may lie, such justice
shall cause three notices of the application made, and of the
day fixed for the appointment [of] viewers, to be posted up
in three of the most public places in the county, and if no
person should appear on the day named in said [notice] such
justice shall adjourn the same until that day two weeks, at
which time he shall proceed as if such person or persons
had been duly notified to attend; and on such judgment being
When corpo- rendered, and the corporation complying therewith, by the
seizedoflands P'^J'^^r'^' "^ ^osts or damages, or both, according lo the award
against them, the corporation shall be seized of the land or
materials; costs shall be allowed or awarded against either par-
ty at the discretion of the justices.
Sec. 17. If it shall be found necessary to the construction
and location of said road, the corporation shall have the right
to lay the same along and upon any State or county road:
Proviso Provided, how&ver^ before such location is made the corpora-
tion shall apply to the county commissioners in their respec-
tive counties through which the said road will run, for said
Right of way right, and the said county commissioners are hereby vested
with power to grant to said corporation such right, and shall
enter the same on the records of said county or counties, as
Proviso the case may be: Provided also, That said corporation shall
Where toll noj; have power to create any toll gate upon any bridge or
be'placed "" embankment which shall have been made at the expense of
the State or of the county; nor shall they have power to fence
No road to be up or in any manner obstruct any State or county road now
obstructed jj^ existence, or which may be in existence at the time when
the proposed turnpike road shall be surveyed.
Sec, is. That when said corpora'ion shall have procured
Right of cor- the right of way, as herein provided, they shall be seized in
poration to the right of way over such land, and shall have the sole use
and occupancy of the same, for the purposes aforesaid; and
no person, body politic or corporate shall in any way inter-
fere with, molest, injure, oi disturb any of the rights and privi-
leges hereby granted.
Time of corn- ^^^.^ ] 9^ 'pj^g corporation shall commence the construc-
mencemen*. & ,. r t 1 -^i- n 1 i.^u
completion of^^io^^ ^l said road within rive years, and complete the same
road within twenty years from its commencement: Pi'ovided, Tha.t
Proviso j£ ^j^y Qj^g Qj^ j-^g sections ol said road shall be completed
within the time aforesaid, the charter shall not be forfeited
LAWS OF ILLINOIS. U^
as to that part of said road so completed, although the resi-
due of said road may not have been completed within the
time aforesaid.
Sec. 20. The corporation shall cause said road to be open-
ed not exceeding eighteen [eightyj feet wide, at least twenty Width of road
feet of which shall be made an artificial road composed of stone,
gravel, or other suitable materials, well compacted together,
in sdch manner as to secure|a firm, substantial, and even road,
rising in the middle, with a gradual curve, and shall maintain Form of road
and keep the same in good repair, and in no case shall the as-
cent in the road be greater than an elevation of five degrees.
Sec. 21. That when said road or any particular section. When one
(ten miles constituting a section,) thereof shall be located, it section is lo-
shall be the duty of said corporation to cause a plat or plats '^'^ '"'
thereof to be deposited in the office of the Secretary ot State;
and after that time it shall not be lawful for said corporation
to alter or change any part thereof, unless said coiporation
pay the owner or owners of land on said route the amount
of damages they may sustain by such change.
Sec. 22. That if said road after its completion, or any sec-
tion thereof shall be sufficient [suffisred] to go to decay, orl^oad ""^ of
be impassible for [one] year unless when the same is repair- ^^r!g"'j^^"jg^""
ing, this charter shall be considered as forfeited.
Sec. 23. As soon as the said corporation shall have com-
pleted the road as aforesaid,or any section thereof, or ten miles
beginning at Vandalia on the eastern end of said road, and
so on from time to time, as often as ten continuous miles of
said road shall be completed, an agent shall be appointed by
the Governor, if not otherwise directed hy the Legislature,
who shall on the application of the corporation examine the
same, and report his opinion in writing to the corporation;
and if such report shall state the road or any ten continuous ^^.,
miles of the same to be completed agreeably to the provis- section is
ions of this act, the corporation may then erect a gate or completed toll
gates at suitable distances apart, not less than ten miles, and S^^*^^ "'^y ^^
demand and receive of persons travelling said road the tolls Distance of
allowed by this act: Provided, That whenever that portion oft^H gates
the said turnpike road as lies between the Mississippi river ^''°^^^''
and the bluffs, cast of the American Bottom, shall be com-
pleted; the said company may erect toll gates and demand and
receive tolls for travel thereon at the rates herein allowed pro
ra^a, should the distance between said points be less than ten
miles.
Sec. 24. The following shall be the rates of toll for each
and every ten miles of said road, and in proportion for a great- Rates of toll
er or less distance, to wit: for every four wheeled carriage,
wagon, or other vehicle drawn by one horse or other animal
cents; for every horse or other animal in addition, six
and one fourth cents; for every cart, chaise, or other two
wheeled carriage or vehicle, drawn by one horse or other
Eig;ht of LC'
gislature
144 LAWS OF ILLINOIS.
animnl cent's; for every horse or other animal in addi-
tion six and a fourtli cents; for every sled or sleip;h, draM^n by
one horse or other animal, twelve and one half cents; for eve-
ry horse or other animal in addition, six and one fourth cents
for every coach, chariot, or other four wheeled pleasure car-
ringe, drawn by one horse, twenty-five cents; for every ad-
ditional horse twelve and a half cents; for every horseiand
rider six and a fourth cents; for every horse, mule or ass, six
months old or upwards, led or driven, three cents; for every
head of neat cattle, six months old or upwards, one cent:
Proviso. Provided., That all persons going to and returning from public
Exemptions worship, and all militia men going to and returning from mus-
fromtoll ter, and all funeral processions, shall pass said road free of
Proviso toll: Provided,, also,, That the Legislature may at any time :
after the expiration of ten years from the time of the comple-
tion of said [road] or any section thereof, make any reason-
able alteration in the rates of toll aforesaid.
Sec 25. If any person or persons using said road shall
Fraudulent with intent to defraud said company, or to evade the pay-
praciice to ^^^^^ ^f ^q\\^^ p^gs through any private gate, or bars, or along
how punish'^^l ^"^ °*'^®'' ground near to any turnpike gate Avhich shall be
enclosed pursuant to this act, or shall practice any fraud-
ulent means, with intent to evade or lessen the payment of
such toll, or if any person shall take another off said road,
with an intent to defrnud said corporation, each and every
person concerned in such fraudulent practice, shall for every
Forfeiture such offencc forfeit and pay to the corporation, the sum of
five dollars, without any stay of execution, to be recovered
with cost of suit in an action of debt, at the suit of the corpo-
Proviso ration before any justice of the peace of the county: Provided,
That nothing in this act shall be so construed as to prevent
persons residing on said road from passing thereon about
their premises between the ^ates, for common and ordinary
business.
Sec. 23. If the said corporation shall fail for ten days in
Company fail- succession, to keep said road in repair, and complaint be
ingto keep made thereof to a justice of the peace of the county, it shall
pair'fo^ip'^S" ^'G liis duty forthwith to summon three disinterested judicious
days, shall freeholders to examine the same; and he shall give notice to
not be allc)w- tiiy ^q\\ gatherer at the nearest gate, of the time when said
tolls ^^^^^''^ freeholders will proceed to examine that part of said road
complained of, ond the said freeholders, after having taken an
oath or affirmation to act impartially, shall proceed in th€ ex-
amination; and if they shall find the same out of repair, they
shall certify it to a justice of the peace, who shall immedi-
ately transmit a copy of said certificate to the nearest toll-
gatherer, where such defective part of the road lies; and from
the time of receiving suth notice, no toll shall be demanded
or received for such part of the road, until the same shall be
Penalty put in complete repair, under the penalty of five dollars for
LAWS OF ILLINOIS. I45.
every such offence, to be recovered of said corporation with
costs of suit, and for the use of the party aggrieved.
Sec. 27. If any person shall wantonly or wilfully destroy, or Persons inju-
inany^ manner injure or obstruct, any part of said road, or any "j"»^^°^^^
gate thereon, otherwise than in the just and lawful use
thereof, every person shall, on conviction thereof, before a
justice of the peace of the county, be liable to a fine of not
more than fifty, nor less than five dollars for every such of-
fence, to be recovered in action of debt at the suit of the State
of Illinois, to go to the county school fund in the county Fine, how ap-
where the injury may have been committed; and such often- P^^P'*^^'^*^
der moreover, shall be liable for all such damages to the cor-
poration, and for injury accruing to travellers in consequence
of any such unlawful damage or obstruction of the road; all
damages and costs under this section shall enure to the par-
ties entitled to the same, and shall be collected by execution
before any court having competent jurisdiction thereof.
Sec. 28. The company shall put up a post or stone at the Mile stones ,
end of each mile, with the number of miles from ^^ ^°^^
fairly cut or painted thereon; and also, in a conspicuous place
near each gate shall be placed a board with the rates of toll
fairly painted thereon, and such other matters in relation to
direction as may be necessary.
Sec. 29. Any person wilfully destroying, defacing or re- ^^^'^ons <lefa-
moving any guide board, mile post, or stone, or list of rates of "o"^^|g"to^fo,..
[tolls] erected on said road, shall, on conviction thereof before leit
any justice of the peace, forfeit and pay a sum not exceeding
. ten dollars, to be recovered with costs of suit, and for the
use of said corporation.
Sec. 30. If any toll-gatherer on said road shall unrea-if toll-collec
sonably detain any passenger after the toll has been paid, or toy shall de-
tendered, or shall demand or receive greater toll than is by^^^^*^ passen-
this act allowed, he shall, for every such offence, forfeit and
pay a sum not exceeding ten dollars, to be recovered with costs liability
of suit before any justice of the peace having competent ju-
risdiction, at the suit of the party injured: Provided, That Proviso
no suit or action shall be brought against any person or per-
sons, for any penalty incurred under thii section, unless such
suit or action shall be commenced within thirty days from the
time of incurring the same; and the defendant or defendants,
in any such suit or action, may plead the general issue and
give this act in evidence with any other special matter.
Sec. 31. The corporation shall cause to be kept, a fair ac- Account of
count of the whole expense of making and repairing said "^^P^"^^/*^
road, or any section thereof, with all incidental expenses, and kept, &, tolls
also, a fair account of the tolls received; and the State shall received
have the right to purchase the stock of said company at any Right of State
time after twenty years, on paying said corporation a sum of ^^ Purchase
money which, together with the tolls received, shall equal the
cost and expenses ot said Turnpike road as aforesaid, with an
interest of ten per centum per annmu, and the books of the <
10
146 LAWS OF ILLINOIS.
Agent of State corporation shall always be open for the inspection of any
may examine g^ggj^l- q|- ^j^^ State appointed for that purpose by the Legis-
°° ^ _ lature; and if the said corporation shall neglect or refuse to
fuslng^t'o^ex- exhibit at any time their accounts agreeably to this section,
hibit books, when thereto required, then all the rights and privileges
foSed*° ^^ granted by this act shall cease and be cit an end.
Sec. 32. The said corporation shall be, and are hereby au-
thorized and empowered to demand and receive the same toll,
and proceed in the same manner to collect the same from the '
Right to col- drivers, owner, or owners of any stage, carriage, or sleigh, in
lect tolla which shall be conveyed the mail of the United States, as they
have by this act a right to do from the drivers of similar
carriages and sleighs, drawn by the same number of horses
in which no mail is carried, any law to the contrary notwith-
Proviso standing: Provided, That nothing herein contained shall be
so construed as to empower said corporation, their agent or
agents, to stop or detain any person, carriage, sleigh or horse,
while actually employed in the conveyance of the said mail.
Co. com'rs Sec. 33. It shall be lawful for tlie county commissioners of
for stock*^^^^^ each and every county through which the said road may run
or pass, for and [in behalf of] such county, to authorise by
Limitation of an order as much of the stock to be taken as they may think
''^'^'''' proper.
Sec. 34. This charter is to be limited to twenty years in its
duration.
Proviso Sec. 35. Provided hoioever, That nothing in this act shall
be so construed, as to interfere in any manner whatever, with
the location by the United States, of the Cumberland Road,
Further pro- between the points designated in this act: Provided also, That
"^° if said company or corporation should deem it advisable, they
Road may be shall have the right and privilege of commencing said work
commenced at the town of Greenville aforesaid, and constructing the
at Greenville game to St. Louis in the first instance, and suffer that portion
between Vandalia and Greenville, to remain to be finished
lastly.
Act when in Sec. 26. This act to be in force from and after its passage,
force and shall be taken, and considered a public act in all courts
Considered a^^ record within and out of this State, as also, in courts of
pu ic ac justices of the peace, and shall be beneficially construed.
Sec. of State
p, -fi f This bill having been laid before the Council of Revision, and ten days
Certificate ot not having intervened before the adjournment of the General Assembly,
and the said bill not having been returned with the objections of the
Council on the first day of the present session of the General Assembly,
the same has become a law.
Given under my hand this 10th day of December, 1831).
A. P. FIELD, Secretary of State.
LAWS OF ILLINOIS. 147
AN ACT to provide for securing to mechanics and others liens for the In force,
value of labor and materials. Dec. 10, 1839
Sec. L Be it enacted by the Peop'e of the State of liH^ois^l^^^^^^^' ^^'^_
represented in the General Assembly, That any person who ^-iis for build-
shall, by contract with the owner of any piece of land or townings, to have
lot, furnish labor or materials for erecting or repairing any ^^^^^J*" ^^^
building, or the appertenances of any building on such land
or lot, shall have a lien upon the whole tract of land or town
lot, in the manner herein provided, for the amount due to him
for such labor or materials.
Sec. 2. The lien shall extend to all work done and mate- Extent of lien
rials furnished under the provisions of the contract, whether
the kind or quantity of work, or amount to be paid, be speci-
fied or not: Provided, That the time of completing the con-^'^"^"'*
tract shall not be extended for a longer period than three
years, nor the time of payment beyond the period of one
year, from the time stipulated for the completion thereof.
Sec. 3. When any sum due bj such contract shall remain
unpaid after the same is payable, the creditor may, upon bill Creditor may
or petition to the circuit court oi the county in which the land fo^^^^^^g*^'"'^®'"
or lot lies, obtain an order for the sale thereof, and for apply-
ing the proceeds of such sale to the discharge of his demand;
and the filing of the bill or petition in the clerk's office, and
sueine: out a summons thereon, shall be deemed the commence- Commence-
o - , ., ' ment of suit
ment of the suit.
Sec. 4. The bill or petition shall contain a brief statement What petition
of the contract on which it is founded, and of the amount due ^^all contain
thereon, with a description of the premises which are subject to
the lien, and all other material facts and circumstances necessary
to a full understanding of the rights of the parties, and shall
be considered as the foundation of the plaintiff's action; and
upon the filing of which with the clerk, a summons shall issue Summons to
thereon against all persons made parties as is required upon ^s^"®
filing bills in chancer}^
Sec. 5. For the purpose of bringing all parties in interest
before the court, the court shall have power to permit amend- Amendment
ments to any part of the pleadings, and to issue process, *° p'eadinga
make all orders requiring parties to appear, and requiring
notice to be given by pubhcation in newspapers, that are or
may be authorizeu in proceedings in chancery; and the court Power of
shall have the same power and jurisdiction over the parties °°"'''
and subject that are or may be conferred upon courts in chan-
cery in respect to proceedings before that court.
Sec. 6. Suits instituted under the provisions of this act, Suits to be
shall be placed upon the common law docket, and shall stand po^^qq"
for trial at the term of the court to which the summons is made docket
returnable. The summons shall be served by the sheriflT as
other process; but if not served ten daya before the return
day thereof, the cause shall be continued, unless the parties
agree to a trial at that term of the court.
14S
LAWS OF ILLINOIS,
Sec. 7. Defendants, in proceedings under this act, shall
answer the bill or petition under oath; and the plaintiff" shall
except or reply to the answer as though the proceeding was
in chancery; the answer shall be regarded as the plea of the
Issue formed defendant, and by the replication thereto, an issue or issues
shall be formed, which shall be tried by the court or by a jury
under the direction of the court, as the court may direct or the
parties agree.
Sec. 8. Every defendant served with process ten days be-
fore the return day thereof, shall answer the bill or petition
on or before the day ouM^hich the cause shall be set for trial
on the docket, and the issue or issues in the cause shall be
Oral testimo- niade up under the direction of the court, and oral testimony
"^ shall be received as in cases at law.
Notice to par- ^^^- ^' Notice given to parties by publication in newspa-
ties pers, under the direction of the court, shall be equivalent to
personal service of such notice.
Persons may ^'^c. 10. In proceedings under this act, all persons interest-
become par- ed in the subject matter of the suit, or in the premises intend-
^^^^ ed to be sold, may, on application to the court wherein the suit
is pending, become parties at any lime before final judgment.
No preference Sec. II. Upon questions arising between different credit-
to creditors ors, no preference shall be given to him whose contract was
first made.
Sec. 12. Upon the trial of causes under this act, the court
shall ascertain the amount due each creditor, and shall direct
the application of the proceeds of sales to be made to each in
proportion to theii several amounts.
Sec. 13. When the owner of the land shall have failed to
perform his part of the contract, and by reason thereof the
other party shall, without his own default, have been prevent-
ed from performing his part, he shall be entitled to a reasona-
ble compensation for as much thereof as he has performed in
proportion to the price stipulated for the whole, and the court
shall adjust his claim accordingly.
Sec. 14. If any part of the premises can be separated from
the residue, and sold without damage to the whole, and if the
value thereof should be sufiicient to satisfy all the claims
proved in the cause, the court may order a sale of that part.
Sec. 15. Parties entitled to liens under the provisions of
this act, whose claims are not due or payable at the time of
the commencement of suit by any other party, shall be
permitted to become parties to the suit, and their claims shall
be allowed, subject to a reduction of interest from the date of
judgment to the time such claim is due or payable.
Sec. 16. In cases under this act, where there are several
claimants, the issue of law aud fact, or either, may be tried
separately, and in no case shall the want of preparation for
trial to one claim, delay the trial in respect to others; but trials
shall be had upon issues between such parties as are prepared,
Proceeds of
sales, bow
applied
Division of
premises
Parties to
liens when
claim is not
due
LAWS OF ILLINOIS. 1#,
without reference to issues between other parties; and when
one creditor shall have obtained a verdict or judgment for
the amount due, the court may order a sale of the premises on
which the lien operates or a part thereof, so as to satisfy the
judgment: Provided, That the court may, for good causes Proviso
shown, delay making any order of sale until the rights of all
parties in interest shall be ascertained and settled by the court.
Sec. 17. If the person who procures work to be done, or^^^'^^ \^"^'^
. , „ . , ,r ^ , 1.^ , ,. are niort-
materials furnished, has an estate for life only, or any other gj^gg^
estate less than a fee simple in the land or lot on which the
work is done, or materials furnished, or if such land or lot, at
the time of making the contract, is mortgaged, or under any
other incumbrance, the person who procures the work or ma-
terials, shcill nevertheless be considered as the owner within
the meaning of this act, to the extent of his right and interest
in the premises; and the lien herein provided for, shall bind
his whole estate and interest therein, in Hke manner as a mort-
gage would have done ; and the creditor may cause the right
of redemption, or whatever other right or estate such owner
had in the land at the time of making the contract, to be sold,
and the proceeds of sale applied according to the provisions
of this act.
Skc. 18. Suits maybe instituted under the provisions of Suits in favor
this act in favor of administrators or executors, and may be "^^^^^^^^^^"^
maintained against the representatives in interest of those
against whom the cause of action accrued; and in suits insti-
tuted under the provisions of this act, the representatives of
any party who may die pending the suit, shall be made par-
ties as though it was a suit in chancery.
Sec. 19. Upon proceedings under this act, parties claiming Rights may
may contest each other's rights as well with respect to amount ^^ contested
due, as with respect to their right to the benefit of the lien
hereby created; and upon all questions made by parties, the
court shall require issues of law or fact to be formed, so as to
to bring about a speedy decision thereof.
Sec. '20. No incumbrance upon land created before or after No incum-
the making of a contract, under the provisions of this act, shall j^'j^"^'^^'"^
operate upon the building erected, or materials furnished, un- rate against
til the lien in favor of the person doing the work or furnish- Hens
ing the materials, shall have been satisfied; and upon ques-
tions arising between previous incumbrances and creditors,
under the provisions of this act, the previous incumbrance
shall be preferred to the extent of the value of the land at the
time of makii.g the contract, and the court shall ascertain by
jury or otherwise, as the case may require, what proportion
of the proceeds of any sale shall be paid to the several parties
in interest.
Sec. 21. Parties in interest, Avithin the meaning of this act,
shall include all persons whoknay have any legal or equitable
claim to lands or lots upon which a lien may be attempted to
be enforced under the provisions of this act.
150 LAWS or ILLINOIS.
Creditors may Sec. 22. Creditors who file bills or petitions under this
contest the ^^^.^ ^^.^^j contest the validity of incumbrances, as well in re-
incumbiances ^^^(^ to amount asto their justice; and any incumbrance, wheth •
er by mortgage, judgment or otherwise, charged and shown
to be fraudulent in respect to such creditor, or in respect to
creditors generally, may be set aside by the court, and the
premises made subject to the claim of the creditor freed and
discharged from such fraudulent incumbrance.
Po'fi-eTsof Sec. 23. In proceedings under this act, the courts are vest-
courts e(j ^yith all the powers of courts of chancery, and shall be
governed by the rules of proceeding and decision in these
courts, so far as that power may be necessary to carry into
full and complete effect the provisions hereof, and so far as
those rules of proceeding and decision are applicable to cases
and questions presented for adjudication and decision.
Sec 24. No creditor shall be allowed to enforce the lien
created under the provisions of this [act,] as against or to the
prejudice of any other creditor or any incumbrance, unless
suit be instituted to enforce such lien, within six months after
the last payment, for labor or materials, shall have become due
and payable.
Sec. 25. Nothing contained in this act shall be construed
to prevent any creditor from maintaining an action at law
upon his contract, in like manner as if he had no lien for the
security of his debt.
Where sale is Sec. 26. If upon m^iking sale of any premises under this
insufficient j,pj.^ ^^-^^ proceeds of such shall not be sufficient to pay the
"^'■^ claims of all parties according to their rights, the judgment
shall be credited by the amount of such sale, and execution
niay issue in favor of any creditor whose claim is not satis-
fied for the balance due, as upon a judgment in actions of
debt or assumpsit; and in case of excess of sales over the
amount of judgment, such excess shall be paid to the owner
of the land, or to the person who may be entitled to the same,
under the direction of the court.
Costs how Sec. 27. The costs of proceeding under this act, as between
paid creditors claiming liens and the person against whom the lien
is intended to be enforced, shall abide the event of the suit;
and the costs, as between creditors aforesaid, in contest rela-
tive to each others' claims, shall be subject to the order of the
court, and the same rule shall prevail in respect to costs grow-
ing out of proceed [proceedings] against and between incum-
brances.
Sec. 28. The act entitled "An act for the benefit of mc-
Ac! repealed chanics, approved 22d February, 1833," is hereby repealed;
but rights acquired and liabilities incurred, under that act,
shall not be alFected by the repeal thereof. This act shall
take effect on the first day of May next.
Certificate of This bill having been laid before the Council of Revision, and tea days
Sec. of State not having inlervened before the adjoi.-rnment of the General Assembly,
LAWS OF ILLINOIS. 151
and the said bill not having been returned with the objections of the
Council on the first day of the present session of the General Assembly,
it has become a law.
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary of State.
AN ACT to incorporate the Montibello Manufacturing company. In force,
Dec. 10, 1839.
Sec. 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly^ That all such persons as
shall become subscribers to the stock hereinafter described, are
hereby constituted and declared a body corporate and politic, ^^^^'^-^ corpo-
by the name of the "Montibello Manufacturing Company," to j^r^me r.nd
be located upon the lower rapids of the Mississippi river, in style
the county of Hancock, at some point between the north line Location
of the south-east quarter of fractional section twelve, and the
north of the creek commonly known by the name of Chan-
cy's Creek; and by that name they, their successors, and as- Powers
signs, shall have succession, for and during the term of twenty '^j^'"™ ^}
years, and be capable, in law, to sue and be sued to final
judgment and execution, plead and be impleaded, defend and
be defended, in all courts and places whatsoever; to make,
have and use a common seal, and the same to break, renew
or alter at pleasure.
Sec. 2. The said company shall be authorized and empow- Further pow-
ered to erect, build, put in operation, employ, M^ork or use all ^"
kinds of mills and machinery for the manufacturing of flour,
lumber and other useful articles, and for these purposes they
are hereby authorized to take any quantity of water from the
Mississippi river that they may deem necessary, and to build,
erect, construct and support in the said Mississipp river, any
wing dam, barrier, or other means to use that may bo necessa-
ry to increase the full, or to conduct and control so much of the
water of the said river as may be required for the purposes of
the said company: Provided^ That no such dam, barrier, or ob- Proviso
struction shall be so built, constructed or placed in said river,
as in any waj^ to obstruct or injure the navigation thereof.
Sec. 3. The capital stock of said company shall be ten Ca pital stock
thousand dollars, divided into one hundred shares of one hun- $iu,000
dred dollars each, which the stockholders, at a general meet-
ing, and by a vote representing in its majority at least two-
thirds of the stock subscribed, may increase to an}- sum not May be
exceeding one hundred thousand dollars in any form or manner $l(^^iOOO
that they may deem proper: Provided, That the amount of pj-oyigo
deb is which the said company shall at any time owe, shall not
exceed the amount of their capital stock, and in case of such
excess, those under whose administration it shall happen, shall
be holden for the same, in their natural and private capacity;
but this shall not be construed to exempt the corporate prop- Property li
erty of the company from being also liable and chargeable for ^'^'^
such excess.
152 LAWS OF ILLINOIS.
Sec. 4. For the purpose of carrying into effect the objects
of this corporation, Abram Smith, Cyrus Felt, Enoch D.
Brown, Alpheus Kemball, Philemon Finances, Matthew Gray
Commission- and M. D. Billings, are hereby appointed commissioners to
ers to obtain receive subscriptions to the capital stock of said company, and
subscriptions -, , ,, i ,, ^ i , r -i • • ^ . ■^. ,.
it shall be the duty of said commissioners, or a majority of
them, as soon after the passage of this act as may be, to take
or adopt such measures, pursue such course for the obtaining
of said subscriptions, and for completing the same, as they
may deem most expedient and proper; but every subscriber,
on subsci-ip- ^'^ ^^^ ^SK\Q. of subscribing, shall pay to said commissioners the
tion sum of one dollar for each share subscribed.
Sec. 5. The stock, property and concerns of the said cor-
poration, shall be managed and conducted by five directors.
Directors to ^ho, at the time of their'" election, shall be stockholders, and
annua'llT ^^ be chosen annually by ballot, on the day and at the place
of holding the annual meetings of said corporation. Said di-
Term of rectors shall hold their office for the term of one year from the
time of their election, and until their successors are elected;
there shall also at the same time and place, for the same term
Treasurer to ^^^ ^^ the same manner, be chosen a treasurer, who shall
be sworn and possess the same qualifications as a director, shall be sworn to
give bond ^^g faithful dischargeof his duty, and shall give bond in such
amount and in such manner as the president and directors
shall prescribe.
Shares to Sec. 6. At all elections and in all other matters wherein a
each vote yote of a corporation shall be taken, every stockholder shall
be entitled to one vote for each share to the nnmbtr of ten,
and o-nc vote for every five additional shares, Avhich votes may
be given in person or by lawful proxy.
When fifty Sec. 7. As soon as fifty shares shall be taken, the commis-
shares shal! sioners shall give at least thirty days notice thereof in one or
more newspapers in this State, and appoint in such notice the
Election of *^"^^ ^"<^ place for such subscribers to n^.eet, for the purpose of
Directors and choosing directors and treasurer; at the election to be held as
Treasurer aforesaid, the said commissioners, or such of them as may at-
tend, shall be inspectors, and their certificate of the names of
■p. . . the persons elected, shall be conclusive evidence of such elec-
tion; at the first election held for directors and treasurer, the
ballots shall contain the name of the person voted for, the
name of the stockholder claiming to vote, and the number of
,, . . votes he claims to be entitled to; and it shall require a rnaior-
-Vlaiority re- -, r n i . • • i • J n i
quired to ^ty ot all the votes givcn to constitute a choicc; but all subse-
elect quent elections shall, in these respects, be held and conducted
as the corporation in their by-laws shall direct.
Sec. S. The directors when elected as aforesaid, shall im-
Choice of mediately proceed to the choice of one of their number for
president president, who shall be elected for one year, and shall be
presideni of the company for the time being. A majority of
the board of directors shall constitute a quorum for doing
Quorum
LAWS OF ILLIiNOlS. 153
business, and, in the absence of the president, may choose a
president pro tempore; and so soon as the said directors shall
be elected and enter upon the duties of their office, the com-
missioners shall deliver over to the said directors all the books
containing subscriptions to the capital stock, and account for
money received on such subscriptions.
Sec. 9. The president and directors shall appoint a clerk, j^ppQ^^jj^^j""
vv^hose duty it shall be to keep a fair record of the proceedings
and transactions of said corporation. The directors may meet Meetings of
at such time and places as they may think proper, may appoint '^°'"P°^^ ^°"
such superintendants and agents as they may deem necessary;
employ such workmen and make such contracts as they may
deem conducive to the interests of the said corporation.
Sec. 10. It siiall be lawful fcr the directors to require pay- gJifg^f^plions
raent of the sums subscribed to the capital stock, at such times
and in such proportions, and on such conditions, as they shall
deem fit under the penalty of the forfeiture of all previous p "yJ^g^tT °^
payments thereon, and shall give notice of the payments thus
required, and of the place and time where and when the same
are to be paid, at least sixty days previous to the payment ot
the same, in some public newspaper of this State.
Sec. 11. The said company shall have power to meike, or-^^-laws
dain and establish all such by-laws, rules and regulations, and
ordinances, as they may deem expedient and necessary to ac-
complish the designs and purposes, and to carry into effect the
j)rovisions of this act, and the well-ordering, regulating and
securing of the interests and affairs of the company: Provided,^^'°'^'^^°
The same be not repugnant to the constitution and laws of
this State or of the United States.
Sec. 12. The said company shall have power and be ca- Powers
pable of holding, purchasing, improving, selling and convey-
ing any estate, real or personal, for the use of said corporation:
Provided, That the quantity of real estate held by the said Fr«^iso.
corporation, shall not at any one time exceed six hundred and
forty acres.
Sec 13. The stock shall be deemed personal property, and Stock deemed
shall be transferrable by certificate signed by the president, and peJ-ty"^ '^^"^
attested by the treasurer; and all conveyances of real estate, j^^^^ tvaus-
so executed, shall be valid and binding on said corporation; ferred
but no such holder indebted to the corporation shall be permit- No transfer
ted to mtike a transfer until such debt be paid or secured to the ^Howed uii
,■ r ,■ r ,1 T , debts are paid
satisiaction oi the directors.
Sec. 14. The company shall at all times keep proper books
of accounts, in which shall be registered all the transactions
of the corporation, and the same shall at all times be subject
to the inspection of the stockholders; and it shall be the duty
of the directors to make annual dividends, or at such other Annual divi-
times as a majority of the directors shall direct, of so much '^^"''^
of the profits of said company as to them, or a majority of
them, shall appear advisable; and the directors, whenever re-
quired by a majority of the stockholders, shall exhibit, at a
154 LAWS OF ILLINOIS.
Statements to general meeting, a full and perfect statement of the debts and
be made credits, and all such other matters as may be deemed essen-
tial relating to the affairs of the company.
Special meet- Sec. 15. A majority of the stockholders, whenever they
iQgs deem it necessary, may call a special meeting of the compa-
ny, and provided the regular elections from any cause shall
not take place, it shall be lawful for any four of the stockhol-
Special elec- cers to call a special election by giving notice of the time and
place.
Sec. iG. If the said corporation shall not organize and corn-
charter mence their said business within two years from the passage
of this act, and expend five thousand dollars in the erection of
mills or other machinery suitable to the prosecution of their
business, according to the provisions of this act, then this act
shall be null and void.
Certificate of '^'^■'^ ^^^^ having been laid before the Council of Revision, and ten days
.Sec of State ""' having intervened before the adjournment of the General Assembly,
and said bill not having been returned with the objections of the
Council on the first day of the present session of the General Assembly,
the same has become a law.
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary of State.
tions
Forl'eiture of
In force ■^'^ ACT vacating a part of the town of Illinois city, and changing the
Dec. 10 1839. name of the residence [residue] to that of Uniontown.
Sec. 1. Be it enacted by the People of the Slate of Illinois^
represented in the General Assembly, That the north division
Blocks vaca-^^ ^^*^ town of Illinois city, in the county of Whitesides, con-
ted sistlng of blocks three, four, nine and ten, is hereby declared
Proviso. vacated: Provided^ however^ That the vacating of the afore-
said blocks does not in any respect operate to the disadvantage
of the residue of said town.
Sec 2. All that part of the county of Whitesides, on which
the town of Illinois city is situated, which is recorded in the
recorder's office of Joe Daviess county, (except that part of
the said town which by the first section of this act is declared
Union Town vacated,) shall hereafter be known by the name of Unioutown,
any plat or name to the contrary notwithstanding.
Sec 3. This act to be in force from and alter the first day
of .Tune next.
Certificate of This bill having been laid before the Council of Revision, and ten days
Sec of State ^'^^ having intervened before the adjournment of the General Assembly,
and the said bill not having been returned with (he objections of the
Council on the first day of the present session of the General Assembly,
the same has become a law.
Given under my hand this 10th day of December, 1839.
A. P. FIELD, Secretary of State.
LAWS OF ILLINOIS. 155
AN ACT to amend the recorded plat of the town of Athens. I" force,
' Dec. 10, 1839.
WHKREAS,it appears from representation made by the citizens Preamble
of the town of Athens, in the county of Sangamon, that a
mistake occurred in the platting of said town: Therefore,
Sec. L Be it enacted by the People of the State of Illinois,
represented in the General Assembly, That the plat of the town
of Athens, in the county of Sangamon, as now appears on re-
cord in said county, be, and the same is hereby, vacated; and ^^^' vacated
that the plat made out by John B. Watson, deputy surveyor Watson's plat
of said county, is hereby declared to be the true plat of said
town, and the recorder of said county is hereby required to
record the same in his office.
This bill having been laid before the Council of Revision, and ten days Certificate of
not having intervened before the adjournment of the General Assembly, Sec. of State
and the said bill not having been returned with the objections of the
Council on the first day of the present session of the General Assembly,
it has become a law.
Given under my hand this 10th day of December, 1839.
A. P, FIELD, Secretary of State.
AN ACT to amend an act entitled "An act to encourage the killing of In force.
Wolves," approved February 15, 1837. Dec 10, 1839..
Sec 1. Beit enacted by the People of the State of Illinois,
represented in the General Assembly, That every person who
shall kill any wolf or wolves in this State, shall receive the Bounty for
following bounty, to wit: for each wolf, known and denomi- ^^Jj^eJ^"^
natcd the Big wolf of six months old and upwards, the sum
ofitwo doHars; for each wolf of the same kind under six months
old, the sum of one dollar; for each wolf known and denomi-
nated, the Prai'^-ie wolf, of any age, the sum of one dollar, to
be paid out of the State Treasury, on the certificate of the Tobepaidout
clerk of the county commissioners' court, where such wolf"'^ '^®""
or wolves were taken and killed. The person claiming such person to pro-
reward shall produce the scalp or scalps, with the ears there- duce scalp
on, within ninety days after the same was taken and killed,
to the clerk of the county commissioners' court within the
county where such wolf or wolves were taken and killed,
who shall administer to the said person the following oath Oath
or affirmation, viz: You do solemnly swear or affirm (as the
case may be) that the scalp or scalps by you produced were
taken from a wolf or wolves, killed withm this State within
ninety days last past, and that you believe such wolf or
wolves from which they were taken were over or under six
months old, are of a large or small kind (as the case may be.)
The first section of the act entitled -'An act to encourage First section
the killing of wolves," approved 15th February, 1S37, is here- of original act
by repealed. This act to take effect from and after the first '"^P^^'^'^
156 LAWS OF ILLINOIS.
day of April next: Provided, That the affidavit herein pro-
vided for, may be made before any justice of the peace, and
the premium may be paid out of any money in the hands of
the Sheriff of the respective counties belonging to the State.
Certificate of This bill having been laid before the Council of Revision, and ten days
Sec'y State noi having intervened before the adjournment of the General Assetnbly,
and said bill not having been returned with the objections of the Coun-
cil on the first day of the present session of the General Assembly, the
same has become a law.
Given under my hand this 10th day of December, 1839.
A . P. FIELD, Secretary of State.
[n force. "^^^ ACT for the relief of the clerks of the circuit courts of Sangamon, Clin
Dec. 10, 1839.
ton, Fayette and Franklin counties .
Sec. L Be it enacted by the people of the State of Illinois,
represented in the General Assembly, That whenever the clerk
Olerk Sanga-of the circuit court of Sangamon county shall make out a
men CO. may f(.e \y\\\ {^ (j^c form of law for services rendered by him or
bill for servi^ ^J '^'^ predecessor in office as clerk, in all cases in which the
ces rendered president and directors of the old State Bank of Illinois were
in case of old "party, SO far as said services were rendered for said bank,
and for which it is or would be liable as such party, and shall
transmit the same to the Auditor of Public Accounts, said
Ard to issue Auditor shall issue his warrant upon the treasury in favor of
warrant said clerk for such amount as may be so shown to be due
him.
Sec 2. Said clerk in making out said fee bill shall be lia-
Penalty for ble to the same penalties and forfeitures for any violation of
violation of the present law regulating fees as he would be in any other
■^ ^ ®' case.
Clerks of Sec. 3. The clerks of the circuit courts of Franklin,
Franklin, Fayette and Clinton counties, shall be entitled to the same
Fayette and benefits, subject to the same pre-requisites and liabilities un-
Chnton coun- J ^u- . ,\ -jitrc .
ties entiled to '^'^r this act as the said clerk of Sangamon county.
same benefits Sec. 4. That before the Auditor shall issue his warrant
for the payment of any sum of money by virtue of this act,
he shall require that the fee bills of the said clerks shall be
Fee bill to be certified by the judges of the circuit courts of the said coun-
^Ti'^^'^ ^y tiesnamed in this act, and produccthecertificateof said judge
■^ '■' ^ that the amount claimed by such fee bill is legally and equita-
bly due said clerks, and has never been paid.
Certificate of This bill having been laid before the Council of Revision, and ten days
Sec. State. not having intervened before the adjournment of the General Assembly,
and the said bill not having been returned with the objections of the
council on the first day of the present session of the General Assembly,
the same has become a law.
Given under my hand this 10th day of December, 1839 .
A . P . FIELD, Secretary of State.
State of Illinois,
Office of Secretary of State,
I, Alexander P. Field, Secretary of State, of the State of Illinois, do
hereby certify the foregoing to be true and perfect copies of the Enrolled
Laws deposited in this oifice; the words printed in brackets, thus [ ] in
the several laws in which they occur, not being in the enrolled laws,
but are introduced in the printed laws for the purpose of correcting and
explaining the same.
In testimony whereof, I have hereunto subscribed my name, at Spring-
field, I4th March, 1840.
A. P. FIELD,
Secretary of Slate.
REPORTS
AUDITOR ANDTREASURER
STATE OF ILLINOIS.
OTHIUA
REPORT
OF
THE AUDITOR OF PUBLIC ACCOUNTS,
STATE OF ILLINOIS,
TRANSMITTED TO
BOTH HOUSES OF THE GENERAL ASSEMBLY
DECEMBER 14, 1839.
AUDITOR'S REPORT.
I To the Honorable,
I The Speaker of the House of Representatives.
I Sir: I have the honor to submit the following Report, shewing the
[receipts and expenditures at the Treasury, during the year ending on the
[1st of December, 1839; the present condition of the Scliool Fund, with
ithe amount of interest thereon, to be apportioned to the several counties,
on the Istday of January next; the amount of revenue derivable from tax-
jation for the present year, shewing the amount due from each County, so
far as a revenue has been assessed; the condition of the Treasury at this
time, and what will be its probable condition on the 1st of December,
1840; and, also, the present indebtedness of the State on account of
[Stocks sold.
I have the honor to be. Sir,
Your obedient servant,
LEVI DAVIS,
Auditor Public Accounts,
[iv]
AUDITOR'S REPORT.
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[vi]
AUDITOR'S REPORT.
Amount of loarrunts drawn upon the State Bank, from the \st day of
December, 1838, to the \st day of December, 1839, for the current
expenses of the State, and charged to the following accounts, viz :
To what charged.
Amount.
Special appropriations, -
$12,593 61
Interest on school, college and seminary fund,
-
43,241 39
Circuit attorneys,
-
-
1,840 73
General Assembly,
.
-
63,641 20
Money refunded,
-
-
172 74
Judiciary,
-
-
14,270 22
Secretary of State, > -
-
-
2,145 00
The Militia,
-
.
815 00
Incidental expenses,
-
-
3,992 15
Attorney General,
.
-
245 78
Penitentiary Inspectors, -
-
-
200 00
Auditor of Public Accounts,
.
-
2,400 00
Treasurer,
-
.
1,600 00
Appropriations to Counties,
-
-
496 71
The Governor, - - -
-
-
1,501 71
Public Printing,
-
-
23,345 14
Redemption money,
.
_
548 31
Counties in the Military Tract, -
-
,
800 00
Taxes refunded.
_
_
789 72
Appropriation for State House at Sprin
gfield, -
.
96,598 00
Distributions of Laws and Journals,
.
2,460 50
Superintendant of the Penitentiary,
-
-
291 66
Appropriations for killing Wolves,
-
-
709 00
The contingent fund.
-
.
2,090 52
County Assessors,
-
-
2,030 23
Incidental expenses of Penitentiary,
3,800 00
$282,619 32
AUDITOR'S REPORT.
[vi.]
A statement of the amount drawn from the Treasmy on account of the
Contingent Fund, from December \st, 1S38, to December \st, 1839.
Date.
To whom paid.
' 1838.
Dec. 4.
1839.
Jan. 9.
24
March
18
May
24
27
June 13
25
To warrants to James M. Morse, in full, of his
contract for plastering and whitewashing the
Legislative Halls, and for fitting curtains, &c.
To warrants to James M. Morse, in full, for
cleaning floors and windows in State House,
sewing and laying down carpet, &;c.
To warrants to William L. Graves, in full of
his account for shingling around stove pipes,
on roof of the State House,
To warrants to BenjaminX). Sidmore, in full,
for glazing lights in Legislative Halls,
To warrants to J. W. Curlee,in full of his ac-
count for repairs done on State House, . -
To warrants to E. Capps, in full, for filling ex-
cavation in Puhlic Square, -
To warrants to James Campbell, in full, for
postage on tax list, from Macomb to Quincy,
To warrants to John S. Roberts, in part, for
his compensation for cleaning Privy, at State
House, lighting lamps, &c. - - -
To warrants to Abner Johnson, in full, for his
services in going to and returning from Jef-
ferson city, to demand J. Obleness and M.
Butcher, fugitives from justice.
To warrants to Isaac Carel, in full, for making
box for conveying State bonds,
To warrants to Thomas Carlin, in full, for ex-
penses paid in transmitting State bonds from
St. Louis to Vandalia and back.
To warrants to N. M. McCurdy, in full, for
bearing State bonds from the city of Phila-
delphia to Vandalia, ...
To warrants to James M. Lucas, in full, for
publishing Governor's Proclamation, for the
apprehension of Nathan Graves and George
Kendall, fugitives from justice,
To warrants to J. W. Berry, in part, for paint-
ing two full length portraits of Generals
Washington and La Fayette, to be placed in
the Legislative Halls of the State House, -
AUDITOR'S REPORT.
Contingent Fund — Continued.
To whom paid.
To warrants to B. W. Thompson, L. Ginger,
B. F. Lee, R. Porter, H. Snyder, Wm. Red-
mond, D. Snyder, Peter Smith, E. Davis and
J. Lutt, in full, for their services in removing
Public Offices from Vandalia to Springfield,
To warrants to B. W. Thompson, in full, for
removing Office of Clerk of Supreme Court
from Vandalia to Spiingfield,
To warrants to Wm. Walters, in full, for haul-
ing two loads of State paper from Vandalia
to Springfield, - - _ -
To warrants to John Poussardin, in full, for
four pine boxes furnished for packing books
and papers of Secretary's office,
To warrants to John S. Roberts, in full, for
his services in removing Secretary's office, -
To warrants to Philips & McDuif, in full, for
boxes, &LC. furnished for removing Secreta-
ry's office, - - - - -
To warrants to James Black, in full, for boxes
furnished for removing Secretary's office, -
To warrants to Henry Eccles, in full, for box-
es furnished for removing Secretary's office.
To warrants to James M. Morse, C. H. Hodge,
H. C. Ernst, James Reed and H. Goodman,
in full, for services in removing Secretary's
office, - - - . -
To warrants to B. H. Reed, in full, for his
services as a messenger, to the Governor at
Quincy, .....
AUDITOR'S REPORT. [ix]
A statement of the present condition of the School, College and Seminary
Fund,
Amount of School fund on the 1st of January,
1839, |279,085 06
Amount received into the Treasury, on the
30th March, 1839, - - - 19,500 00
Amount of the surplus revenue, which was
constituted a part of the school fund by
an act of the Legislature, approved 25th
February, 1837, - . - .
Amount of college fund on the 1st January,
1839,
Amount received into the Treasury, on the
30th March, 1839,
Amount of*seminary fund on the 1st January,
1839, - -
Amount received into the Treasury on 30th
September, 1839,
Amount received into the Treasury on the
31st October, 1839,
Amount received into the Treasury on the
30th November, 1839, - - .
Total amount of school, college and semi-
nary fund, - - . .
335,592 32
^634,177 38
55,800 98
3,900 00
59,700 98
49,306 25
4,208 63
2,102 78
500 00
56,117 65
|749,996 01
[X]
AUDITOR'S REPORT.
A statement of the amount to be apportioned to the several Counties, on
the 1st day of January, 1840, from the interest on the School, Col-
lege and Seminary Funds, for the year 1839.
Counties.
Amount.
Counties.
Amount.
Adams,
$1,169 20
Madison,
|1,364 35
Alexander, -
339 24
Morgan and Cass, -
3,149 03
Bond, -
620 23
Monroe,
436 21
Clark, -
563 60
Montgomery,
630 81
Cook, -
1,326 89
Marion,
474 20
Crawford,
585 30
Macon,
508 61
Clinton,
432 96
McLean,
896 90
Coles, -
884 16
McDonough,
482 30
Claj, -
239 00
Mercer,
81 20
Champaign, -
173 96
Macoupin, -
919 04
Calhoun,
172 07
Pope, -
616 72
Edgar, - - -
1,154 30
Pike, -
1,012 86
Edwards,
330 28
Peoiia, - - -
476 09
Effingham, -
183 71
Perry, -
372 55
Franklin,
936 69
Putnam and Bureau
641 61
Fulton, -
988 46
Randolph, -
895 77
Fayette,
623 20
Rock Island,
88 52
Gallatin,
1,259 90
Sangamon, -
2,929 72
Greene,
2,070 26
Saint Clair, -
1,422 31
Hancock,
532 18
Shelby,
831 53
Hamilton, -
475 28
Schuyler,
1,032 94
Iroquois,
188 30
Tazewell, -
918 01
Johnson,
367 42
Union,
720 48
Jefferson,
596 64
Vermilion, -
1,358 31
Jackson,
474 20
Wabash, -
508 86
Jo Daviess, -
498 82
Warren,
445 97
Jasper,
71 64
White,
1,028 52
Knox, -
397 76
Washington,
518 08
Lawrence, -
718 32
Wayne,
515 35
La Salle,
fi7fi 7S
\j 1 o < o
$44,326 60
AUDITOR'S REPORT.
[xi]
A statement of the amount of State Revenue derivable from each county
in the State, for the year 1839, so far as returns have been made to
the Auditor^s office.
AdaiTis,
- |6,750 43
Madison,
- 6,751 58
Alexander,
681 32
Monroe,
- 1,221 C8
Boone,
68 97
Morgan,
- 5,815 42
Bureau,
890 71
McDonough, -
- 2,470 36
Brown,
- 1,297 24
Montf^omery, -
872 33
Carroll,
112 22
Macoupin,
- 1,522 65
Clinton,
- 1,227 10
Macon,
- 1,193 79
Calhoun,
816 65
Menard,
- 1,306 95
Cass,
- 1,050 00
Marshall,
700 00
Clay,
302 15
McLean,
- 2,031 43
Crawford,
- 1,230 46
Mercer,
915 68
Coles,
- 2,061 21
Marion,
448 00
Clark,
- 1,460 86
Ogle,
672 34
Cook,
- 3,631 19
Putnam,
398 45
De Witt,
229 49
Pike,
- 3,633 52
Dane,
289 4G
Perry,
553 22
Edgar,
- 2,890 67
Peoria,
- 2,853 49
Edwards,
755 72
Sangamon,
- 7,297 78
Effingham,
115 52
Stark,
697 82
Franklin,
652 31
Scott,
- 1,721 75
Fulton,
- 3,488 07
Schuyler,
- 2,300 91
Fayette,
937 30
Saint Clair, -
- 5,210 10
Gallatin,
- 1,579 63
Shelby,
- 1,151 60
Hamilton,
313 24
Tazewell,
- 2,034 00
Hancock,
- 2,802 88
Union,
886 31
Iroquois,
249 04
Vermilion,
- 3,200 90
Jackson,
830 94
Whiteside, -
235 72
Jefferson,
667 54
Will,
- 1,118 66
Jo Daviess,
567 08
W ayne.
580 00
Knox,
- 2,439 92
Washington, -
766 48
Kane,
509 82
White,
- 1,110 24
Lawrence,
- 1,494 74
Warren,
- 3,379 74
La Salle,
- 1,670 49
Wabash,
- 1,379 45
Livingston, -
Logan,
77 7S
368 39
|1 10,942 28
[xii] AUDITOR'S REPORT.
The Revenue law requires the clerks to report to the Auditor the ag-
gregate amount of State tax assessed in their respective counties; and, I
have, therefore, no means of showing the separate valuation on Real and
personal property in the State. It will be perceived from the above state-
ment, that a number of counties have failed to comply with the provisions
of the law. A list of those counties, from which no returns have been
received, at this office, is herewith submitted, marked, A. I have been
advised, that in many counties, owing to a misapprehension of the pro-
visions of the 1st section of the law, a tax was assessed only on such
property as is enumerated in said section. If the law, therefore, had
been carried into general and perfect operation throughout the State, the
amount of Revenue could not have been less than ^120,000.
Although there was considerable hostility felt against this law for some
time immediately after its passage, yet, now, since its provisions have been
understood, and the necessity which existed for its passage, clearly demon-
strated, it meets with the general approbation of the people; and, it is
believed, that hereafter it will meet with no further opposition, even in
those counties which have been most decidedly against it.
The following is a statement of the present condition of the State
Treasury, in regard to her ordinary resources and expenditures:
Amount due the Bank on the 1st day of De-
cember, 1839, .... ^142,550 61
Amount of outstanding warrants on the 1st
day of December, 1839, - - 83,109 11
1225,659 72
To meet this sum, the State has the following resources, viz :
Amount of revenue, derived from taxation,
for 1S39, 1110,942,28
Amount due from Shawneetown Bank, - 6,981 01
" due from citizens of Springfield, - 16,666,66
" due from Revenue collectors under
the old Revenue system, - - - 11,833 74
146,423 69
Deficit on 1st December, 1839, - - |79,236 03
Of the above amount of outstanding warrants, the sum of ^80,097 00
was issued on account of the State House appropriation, excluding which,
the balance against the Treasury, at this time, would amount to the sum
of only $3,012 11. In my last report to your Honorable body, I estima-
ted the ordinary expenditures of the State, for the year 1840, at ^9 1,170 00.
Since which time, by the leasing of the Penitentiary, the State has been
relieved of an expense, estimated at $2,400 00. The interest accrueing
upon the school fund, on the 1st day of January next, will be less than the
amount estimated by about $700. To counterbalance this reduction in
the estimated expenditures of 1840, there will, however, be about an equal
AUDITOR'S REPORT. [xiii]
amount of interest accrueing upon the State House Stock, which will
leave the expenditures of 1840 at about the sum estimated; to which is to
be added the following expenses (not then anticipated) viz: Expenses of
the present session of the General Assembly, including printing paper for
laws, &c. say $50,000 00; interest on warrants, say $5,000 00, and balance
of State House appropriations, not yet drawn, |31,718 00; making the
total expenditures for 1840, amount to ^177,888 00.
The following statement exhibits, it is believed, what will be the condi-
tion of the Treasury on the 1st day of December, 1840:
Amount to be derived from taxation, for the
year 1840, under the present revenue law,
say, - - - - - 1140,000 00
Amount from Bank of Illinois and State Bank
say, 22,000 00
Amount from State House loan, - - 128,000 00
Balance against the Treasury on the 1st De- $290,000 00
cember, 1839, - - - - |79,236 03
Expenditures of 1840, as above stated, - ' 177,888 00
257,124 03
Leaving a balance in favor of the Treasury
on the 1st December, 1840, of - - $32,875 97
The first instalment of the State House loan became due on the 1st of
November last, the draft for which, amounting to the sum of $16,000, less
$200 expenses, has been returned protested. In the above estimates,
however, 1 have assumed that this loan will be paid, which assumption is
founded upon the fact, that the contract for the loan, is guaranteed by in-
dividuals in the city of New York, of respectable standing, a copy of which
contract, marked B, is herewith submitted. Should this loan be realized,
I think there cannot exist a doubt, that our present Revenue law will am-
ply fulfil all the purposes for which it was framed; and that by the year
1841, it will have furnished a revenue suflScient to defray the balance
which now exists against the Treasury, together with the expenditures of
the ensuing year, including the interest on the State House stock and the
School fund, and leave a balance in favor of the Treasury. It is confi-
dently believed that the expenditures of 1840, will not exceed the amount
above estimated; and, it is as confidently believed, that the revenue may
safely be assumed to amount to the sum I have stated, as the law will
doubtless be generally and more perfectly executed, and as there will be a
considerable increase in the taxable property of the State. In the years
1841 and '42, there will be a vast accession to the taxable lands in the
State, and the revenue from that source will be greatly augmented. It
may safely be assumed, that the revenue under the existing law, will an-
nually increase in a greater proportion than the expenditures; and, that,
should there be no demand upon the revenue from our Internal Improve-
ment system, the state of the Treasury, in a few years, will justify a reduc-
tion in the rate of taxation.
[vx] AUDITOR'S REPORT.
I would respectfully suggest that a law be passed, authorizing and re-
quiring the assessors who may be appointed the ensuing year, in those coun-
ties which have failed to comply with the law, to assess tax for the present
year; also, that the present law be amended, so as to specify more dis-
tinctl}^, the fees which certain officers are to receive for their services, es-
pecially the fees of the sheriff and clerks for entering judgment and selling
delinquent lands. From the short experience which I have had, in acting
under the law, I am not at present aware that any further amendments are
necessary, except in the 1st section, a misapprehension in regard to which
I have before alluded to.
I herewith submit copies of the Reports which have been made to this
office by the Fund Commissioners, since the last session of the General
Assembly, together with copies of the contracts made by them for the sale
of Internal Improvement bonds. No report has yet been made to this
office relative to the sales made of Internal Improvement bonds in Europe
by the Fund Commissioners.
The following statement exhibits the indebtedness of the State, on ac-
count of stocks sold, viz:
Amount of Illinois and Michigan canal stock sold, - ^2,400,000 00
" of Bank and Internal Impiovement stock sold, 2,665,000 00
" of Internal Improvement stock sold, including
^1,500,000 said to be sold in Europe, but not yet offi-
cially reported to this office, - - - 4,687,000 00
Amount of State House stock sold, - - - 128,000 00
19,880,000 00
Amount of interest accrueing annually on the above
stock, -....- |592,800 00
From this sum deduct amount of dividends
on Bank and Internal Improvement stock,
say, - - - - - |240,000 00
Amount of revenue to meet interest on State
House stock, - - - - 7,680 00
247,680 00
Leaving amount of interest to be paid out of
Canal and Internal Improvement funds, - ^345,120 00
Of the above amount of $345,120 00, the sum of $144 00 is to be paid
out of the Canal fund, and the sum of ,$'201,120 00 out of the Internal Im-
provement fund. How far those funds are available, to pay this interest,
I have no means of knowing.
LEVI DAVIS,
Auditor Public Accounts,
Auditor's Oftice,
Springfield^ December 14, 1839.
AUDITOR'S REPORT.
[XV]
DOCIIHEIVTS
ACCOMPANYING THE
AUDITOR'S REPORT.
A.
A list of those Counties from which no returns have been received
agreeable to the provisions of the 13th section of "An act concerning the
Public Revenue."
Bond,
Champaign,
De Kalb,
Du Page,
Henry,
Johnson,
McHenry,
Pope
Randolph,
Stephenson,
Winnebago,
Jasper,
Greene.
B.
Copy of Agreement.
This agreement, made this fourteenth day of May, eighteen hundred
and thirty-nine, by and between the State of Illinois, by her agents, Moses
M. Rawlings and John Reynolds, of the first part, and the Poukeepsie
Locomotive Engine Company pf the State of New York, of the second
part, WITNESSETH: The said Rawlings and Reynolds, for and on the part
of the said State of IlUn^is, agree to deliver to the said parties, of the
second part, in the city of New York, at the Atlantic Bank, in the city of
New York, in the said city, on or before the- first of August next, bonds
regularly executed according to law, pledging the faith and credit of the
said State of Illinois, for the payment of the principal and interest, at the
rate of six per cent, per annum, to the amount of one hundred and twen-
ty-eight thousand dollars. Said bonds are to be one thousand dollars each,
and re-imbursable, principal and interest, at the said place, in the city of
New York, where they are delivered, and at the pleasure of the said State
of Illinois, on or after the thirty-first of December, eighteen hundred and
sixty. In consideration of the said delivery of bonds, the said parties of
the second part agree, and bind themselves and heirs, to the said Rawlings
[xvi] AUDITOR'S REPORT.
and Reynolds, to accept and pay the order of the proper officer, or officers
of the State of Illinois, in the said city of New York, at the Atlantic Bank
in the city of New York, in said city, the sum of one hundred and twenty-
eight thousand dollars, in eight equal instalments, the first commencing
three months after the delivery of said bonds, and then in regular succes-
sion every three months after each payment; said instalments are to be paid
so that the last will be two years, from and after the first payment, amount-
ing in all to the said sum of one hundred and twenty-eight thousand dollars.
It is further agreed, by and between the said parties, that the said par-
ties of the second part, agree to pay to the said State of Illinois, the in-
terest at the rate of six per cent, per annum, for the time that a credit is
allowed to them by the said State, on the amount of money which they
may owe to said State; said interest to commence from and after the de-
livery of the said bonds, and in consideration of interest, on the said bonds,
and an interest account is to be opened by and between said parties to
this contract.
In testimony whereof, we, the said Moses M. Rawlings and John Rey-
nolds, agents as aforesaid, and Henry F. Tallmadge, agent as aforesaid,
have signed, sealed and delivered this contract, dated above.
M. M. RAWLINGS, ^^m^,
JOHN REYNOLDS, Agent,
H. F. TALLMADGE, Agent,
Poukeepsie Locomotive Engine Company,
We hereby guarantee the faithful performance of the within contract
on the part of the Poukeepsie Locomotive Engine Company.
N. P. TALLMADGE,
H. F. TALLMDAGE,
THOS. F. HARVEY,
WALTER CUNNINGHAM,
HENRY IBBOTSON.
REPORT
TREASURER OF THE STATE OF ILLINOIS
GENERAL ASSEMBLY.
DECEMBER 1839.
Springfield, December^ 20th, 1839.
To tlie Hon. the Speaker of the House of Representatives :
Sir: I have the honor to submit the following statement, exhibiting the
receipts at the Treasury, monthly, from the various sources of Revenue,
for the time therein set forth: also, the amount deposited in the State
Bank and Branches, old State paper burned, &c.
I am your obedient servant,
JOHN D. WHITESIDE,
Treasurer of Illinois^
12
TREASURER'S REPORT.
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INDEX TO tiAWS.
Abolishment, of Board of Public Works, and Board of Fund
Commissioners . _ _ . - 98
Academy, Bainbridge - - - - - 99
Agricultural Society, Union, . . - . 33
American Bottom, act to incorporate northern division of, repealed 67
Appeals, laws in relation to amended - - - 108
Appropriations, partial - - - -. - 81
for 1839-40 81
Assessment of tazes legalized. Champaign CO. - - 111
De Kalb " - - - 45
Dupage ... 47
Iroquois and Clay - - 70
McHenry and Stark - - 77
Athens, see Towns
Attachments, act concerning .... 30
act to amend . - - - . 31
Auditor of Public Accounts, to credit Robert Davis, - - 28
duty with School Fund Sanga-
mon county ... 91
Governor and Treasurer to settle
accounts of agents for canal loans 80
and Treasurer's report, see appendix
B.
Bainbridge academy, act supplemental to - - - 99
Bank, State of Illinois - . . . _ 15
Barry, see Towns
Beet sugar, silk &c. company, . - . - 48
Benefit, Stark county . . . - _ 65
Martin, V. A. - - - - - 135
Wildy Lodge ..... 134
Binding laws, journals &o. ----- 34
Bloominsfton, see Towns
XXII INDEX.
PAGE.
Board of Fund Commissioners, act to abolish - - 98
Board of Public Works ..... 93
act to abolish ... 98
Bonds, State, when may be sold .... 93
may be received by Fund Commissioner - 96
Boone county, time of holding courts in - . . 88
Bridges, Clark J. A. across Pickatonica river - . . 26
Lawrence co., across Embarrass river - . 38
Rose, S. and A. C. Swan at Galena . . 56
Sangamon Coal Bank Company ... 102
Witters Samuel ..... 78
Bristol, see Towns
c.
Cahokia, act to amend act concerning ... 99
Calhoun Coal and Mining Company .... 49
Canal, Illinois & Michigan, dedication of lots on - - 30
laws relating to, amended . 79
Canal company Mississippi and Illinois ... 48
Carmi, see Towns
Carroll co., time of holding courts in ... 88
Cass CO., time of holding courts in ... . 86
Records of ..... 86
Charity Hospital, La Salle - . - . . 75
Charleston Seminary and Jonesboro college - . - 131
Chester, see Towns
Christian county, see Counties
Ciiies, Springfield --.... 6
Quincy .--... 113
Clark, J. A. Bridge across Pickatonica river - - 26
Clay county Revenue, see revenue
and Iroquois, assessments in . - . - 70
Clinton steam mill company - . . . 41
Coal Bank Bridge company, Sangamon ... 102
Coles CO., additional Notary Public in - - . 66
Colleges, Jonesboro . . . . - 131
Knox manual labor, act amended ... 23
Shiloh -.-.-- 37
Commissioners, Board of Public Works, office created . 93
Champaign county, acts legalized . - 111
Fund, office reated .... 93
Sangamon county to pay over School Fund - 91
act to amend - . 97
Schools, to distribute funds at county seat - 87
Common Schools, acts relating to amended . - - 90 96
Constables, sheriffs, coroners, &c., act concerning - . 78
Contractors on Public Works, relief of - . . 98
settlement with - . 93
Coroners, sheriffs, constables, &c., act concerning - - 78
INDEX.
Cottage Grove, see towns
Counties, Bond time of holding courts in - - - 130
Boone -.-_-- 88
Carroll 88
Cass 86
Records of ..... 86
Champaign, acts of Commissioners legalized - 111
Christian ----.. 80
Claj', revenue of. See revenue
and Iroquois, assessments of, legalized - - 70
Clinton, time of holding courts in - J . 130
Coles, additional Notary Public in - . - 66
Dane, name of changed ... - 80
school fund of - - - - 91 97
De Kalb, assessment of legalised ... 45
county seat .... 68
Dupage, assessment legalized ... 47
Fayette, parts of roads in, relocated - - 66
Franklin, records of - _ - . 86
Greene, roads in - - - - - 40 85
Hardin, act to establish, amended ... 38
Henry, acts of officers legalized ... 60
location of county seat ... 61
part of attached to Stark county - - 63
Hancock, additional justice peace in - - 41
Iroquois and Clay, assessment of legaUsed - - 70
Jersey, act to create amended ... 104
additional Notary Public in - . - 66
time of holding courts in - - - 86
Jo Daviess, authorised to borrow^ mo^iey - - 22
time of holding courts in - - - 88
Lake, relief of - . - - - 47
La Salle, court house in . - - - 65
Lawrence, to build bridge across Embarrass river - 38
Lee, attached to sixth Judicial circuit - - 44
time of holdmg courts in - - - 88
Logan, part of Tazewell attached to - - 29
school fund of - - - - 91, 97
Menard, school fund of - - - - 91, 97
Morgan, records of - . - - 86
Pike, additional Notary Public in - - - 66
road in vacated .... 52
Rock Island, time of holding courts in - - 88
Sangamon, school fund of - - - - 91, 97
Scott, time of holding courts in - - - 86
Stark, benefit of - - - - . 65
county seat of - - - - 62
limits of, extended . . . . 62
Stephenson, time of holding courts in - - 88
Tazewell, part of attached to Logan - - 29
INDEX.
PAGE.
Counties, Un'.on, authorised to borrow money - - 75
Whiteside, time of holding courts in - - - 88
White m^y remove mill dam . . . 130
Winnebago, time of holding courts in - - 88
Williamson, act to establish amended - - 88
act in relation to - - - 87
records of - - - - 86
Court house, La Salle county . - - . 65
Courts circuit, time of holding in Boone county - - 88
Carroll 88
Champaign ----- 90
Clinton and Bond - - - - 130
Coles and Champaign ... - 90
DeKalb 92
Edgar ...... 90
Eighth circuit ----- 5
Hardin county .... 40
Jersey, Cass and Scott . - - 86
Jo Daviess county . - - . 88
Kane county ----- 93
Lee - 88
Peoria, additional term of - - - 92
Rock Island 88
Sixth circuit ----- 88
Stephenson county . - - - 88
Vermillion . - - . . 90
Whiteside 88
Winnebago ----- 88
Court Supreme, publication of decisions of - - - 77
summer term of - - - - 87
Creek, Lusk, declared navigable - • - - 67
D.
Dane county, name of changed - . - . 80
school fund of - - - - 91, 97
Davis, Robert J., credit to - - - - - 28
Debts and liabilities incurred by internal Improvements, how settled 93
Decisions Supreme Court, publication of - " - 77
De Kalb county seat . - - - - 68
time of holding courts in - - 92
E.
Ewing, John L. com'r on road from Mt. Sterling to Mt. Carmel 64
Execution, additional articles exempt from - - - 89
INDEX,
F.
Fairmont. See towns
Fayette county, parts of roads in relocated - - - 66
Fayette Steam Mill Company ... - 19
Ferries, Gear, H. H. across Mississippi river - - - 23
Hall, Shelton L. and others - - - - 110
Illinois river ------ 49
Madison county company - - - - 127
Matthews and Aldrich - - - - 47
May, William L. 49
Fox river declared navigable ----- 98
Franklin county, records of - - - - - 86
Fund Commissioners, accounts of, how settled - - 96
act to abolish board of - - - 98
Fund Commissioner, office of created . . . 93
Funds, school commissioners of to distribute at county seat 87
G.
Gear H. H., authorized to keep a ferry - - - 23
Georgetown. See towns
Governor, Auditor and Treasurer to settle accounts of agents
employed to negociate canal loans . - 80
to fill vacancies in Board of Public Works or of Fund
Commissioner ----- 94
Greene county commissioners, to construct roads in - 40
Greenfield. See towns.
H.
Hall, S. L., and others to keep a ferry across Rock River - 1 10
Hamilton Primary School - - - - 53
Hardin county, act to establish, amended . - - 38
Hennepin. See Towns.
Hospital La Salle Charity ----- 75
Howell William, relief of - .... 100
Hubbard A. P., mill-dam across Fox River - - - 67
I.
Illinois and Michigan Canal, laws relating to, amended - 79
Illinois City, See towns.
Incorporations.
Beet Sugar, Silk &c. Manufacturing Company,
act to amend - 48
Calhoun Coal and Mining Company, act amended 49
Carmi, town of .... 70
XXVI INDEX.
PAGE.
Incorporations —
Clinton Steam Mill Company - - 41
Fayette « « " - - - 19
Georgetown in Randolph county - - 32
Hamilton Primary School - - - - 53
Insurance and Trust Company of Illinois - 29
Jacksonville, town of . . . 106
Kankakee Manufacturing Company - - 135
Kaskaskia Beet Sugar Manufacturing Company 57
" Insurance Co., name of, changed - 29
Knox Manual Labor College . - - 23
Lacon, town of .... 122
La Salle Charity Hospital, act amended - 75
Madison County Ferry Company - - 127
Middlesex Steam Mill " - - - 31
Montibello Manufacturing Company - - 151
Northern division American Bottom, act repealed 67
Peoria Commercial Insurance Company, act amended 112
Quincy, city of - - - - 113
Quincy House Com.pany, act supplemental to - 132
Randolph Silk Manufacturing Company - 57
Rock Island Mutual Fire Insurance Company 23
" " University ... 17
Sangamon Coal Bank Bridge Company - 102
Shiloh College .... 37
Springfield, city of - - - - 6
" Mechanics' Union - - 74-
St. Clair Steam Mill Company - - 100
Towns therein named ... 36
Union Agricultural Society - . - 33
Vandalia and Mississippi Turnpike Company - 138
Indiantown. See towns.
Insurance Companies and Trust of Illinois . . - 29
Kaskaskia, name of, changed - - 29
Morgan, Pike and Scott - - 24,52
Peoria Commercial, act amended - 112
Rock Island Mutual Fire - - 23
Iroquois and Clay counties, assessments in - - 70
Jacksonville. See towns.
Jersey county, additional Notary Public in - - - 66
" " act to create, amended ... 104
'• " time of holding courts in - - - 86
Jo Daviess county authorized to borrow money - - 22
" time of holding courts in - - - - 88
Jonesboro' College - - - - - - 131
Journals, Laws &c., binding of - - - - 34
" " publication and distribution of - - 65
Justices Peace, Sheriffs, Coroners &c., act concerning - 78
INDEX. XXVII
PAGE.
41
C4
K.
PAGE.
Justices Peace, La Harpe District, Hancock county - 41
Justices Peace and Constables, act to amend act concernin'r C4
Kane county, time of holding courts in - - - 93
Kankakee Manufacturing Company - - - 135
Kaskaskia Insurance Company, name of changed - - 29
Knox Manual Labor College, act amended - - 23
L.
Lacon. See towns
Lake county, relief of - - - - - 47
La Salle county, court-house in - - - - 65
La Salle Charity Hospital 75
Lawrence county, to build bridge across Embarrass River - 28
Laws and Journals, binding of - - - 34
« " publication and distribution of - - 65
Lciymoile. See towns.
Lee county attached to sixth judicial circuit - - - 44
time of holding courts in . - . 88
Liabilities and debts incurred by internal improvements, liow settled 93
Liens, Mechanics and others, for materials and labor - 147
Lodge Wildy, benefit of - . - - - 134
Logan county, school fund of . - - - ^^'^^
Lusk creek declared navigable . - . . 67
M.
Madison county Ferry Company - ^ - - - 127
Manual Labor College, Knox . - _ - 23
Manufacturing companies —
Beet Sugar, Silk and Vegetable &c. - - 48
Kankakee - - - - 135
Kaskaskia Beet Sugar . . - 57
Montibello 151
Randolph Silk . - . - 57
Martin V. A., benefit of .... 135
Mathews and Aldrich to keep ferry ... - 47
May, Wm. L., to keep ferry across Illinois River - - 49
McHenry and Stark counties, assessments of, legalized - 77
McHatton, John G., relief of .... 99
Menard, Person, Hunt &c., to build dam across Fox River - 76
Menard county school fund .... 91,97
Mechanics and others, lien for value of labor and materials - 147
Mechanics' Union, Springfield ... - 74
Middleton. See towns.
xxviii INDEX,
Middlesex Steam Mill Company - - . .
Mill-dams, Hubbard A. P. - - . .
Menard, Person, Hunt &c.
Pope, B. W., and Wm. Gasovvay - - .
Mining Company, Calhoun Coal and
Mississippi and Illinois Canal Company ...
Vandalia Turnpike Company
Money, Jo Daviess county authorized to borrow
Union " " « . .
Montibello Manufacturing company
Morgan county, records of -
N,
Northern division American Bottom, act incorporating repealed
Notaries Public, additional - - - . ,
Charleston, Coles county ...
Grafton, Jersey " . _ .
Pittsfield, Pike «...
Partial appropriations - - - . .
Peoria Commercial Insurance Company, act amended
Peoria county, additional term circuit court in
Philipstown. See towns.
Pike county, additional notary public
Pope, B. VV., and Wm. Gasowayto build mill-dam
Primary School, Hamilton .....
Probate justices, Sherifls, Coroners &c., act concerning
Property exempt from execution - - - .
Publications of decisions of Supreme Court ...
a.
Quincy, City of, Incorporated ....
boundaries and general powers
Chief Executive officers - - -
city council ....
elections .....
legislative powers of the city council -
Mayor .....
miscellaneous provisions . . .
proceedings in Special cases - . -
Quincy House Company, act supplemental to
R.
Rail Road, Pittsfield and Mississippi Company, - - 26, 52
Recorders and School Commissioners entitled to Laws - 65
INDEX. XXIX
PAGE.
;R,ecords, Franklin, Williamson, Morgan, and Cass counties - 86
Relief, Clerks Circuit Courts, Sangamon, Clinton, &c. - 156
contractors on public works - - - . -98
Howell, William 100
Lake county ------ 47
McHatton, John G. - - - - - 99
jReports, Auditor and Treasurer, see appendix.
Supreme court, publication of - - - 77
[Revenue, Clay county - - - - - 111
• Iroquois and Clay counties - - - - 70
public, act to amend - - - - 3^
Rivers, Fox declared navigable - - - - 98
Little Wabash - - ... 130
Pickatonica, bridge across - - . . 26
Roads, County Commissioners to alter, change, &c. - - 51
Danville to Decatur, part of re-located - - 85
Fayette county - - - - - 66, 133
Greene county - - - - . 40^ 86
Greenville to Shelby ville - - - - 133
Griggsville to Quincy - - - - . 29
to Kinderhook - - - - 129
Knoxville, via Charleston to Peoria - - . 59
Little Muddy river, via Benton Muddy river bridge,
Golconda to Galatia - _ _ - 105
Mt. Sterling to Mt. Carmel ... - 64
J Napervillc to Indiancreek - - - - 76
I Nashville to Galatia ----- 106
to Middleton's old ferry - - ' - 110
Peoria to Burlington - - . - 46
to Springfield - - - - 51
Petersburg to Waverly - - - _ 64
Pike county -'----- 129
State, time for location of, extended ... 68
Therein mentioned - - - - . 2'2
named - - _ . . 105
Warsaw to Peoria - - - - - 100
to Quincy - - - - - 100
Washington to Pekin - - - - - 112
County - - - - - 110
Rock Island county, time of holding courts in - - 88
Mutual Fire Insurance Company - - 23
University - - - - - 17
Rose and Swann, bridge at Galena - . > - 56
s.
Sangamon Coal Bank Bridge Company - . . 102
county, school fund of - - - - 91, 97
Schools, common - - - - - - 90, 96
commissioners entitled to laws . - - 65
XXX INDEX.
Schools, commissioners to distribute funds at county seat
may be appointed by courts of new
counties . . _ .
of Sangamon to pay over funds
of Schuyler, duty of - - .
of Brown, duty of . . -
School, fund, to be distributed at county seat
Hamilton Primary . - . - .
lands, re-valuation in certain cases - - .
Trustees of, 8 N. 5 E. to refund certain monies
of Putnam county - _ - -
Scott county, time of holding courts in - - -
Secretary ol' State, duty of, to Franklin and Williamson counties
duty under revenue law _ - -
Seminary, Charleston - . . . .
Settlement of debts and liabilities by internal improvements -
Shepherdstown. See Towns.
Sheriff's, Coroner's, Constable's, Probate Justices, &c,
Shiloh college .._.-.
Stephenson county, time of holding courts in - -
Smith Edward, deceased, accounts of, to be settled by board of
Public Works ......
Springfield, City of, Incorporated . - - -
boundaries and general powers
city council . . . .
elections . . . .
executive officers
legislative powers ...
Marshall ....
Mayor -----
miscclaneous provisions
proceedings in special cases
Springfield Mechanics Union . . - .
Stark county, benefit of - - - - -
and McHenry, assessment in legalized - - -
State Bank of Illinois .....
State roads time extended to locate . . - -
Steam Mills, Clinton company ....
Fayette company . . . -
Middlesex company . . - -
St. Clair company . - - -
Summer term of Supreme Court - - . .
Supreme Court, decisions of to be published -
Summer term of -
T.
Taxes, assessment ot^ De Kalb county - - -
Dupage county -
McHenry and Stark counties
INDEX.
PAGE.
Tazewell county, part of attached to Logan - - 29
Tiskilwa, see towns.
Towns, Athens, plat of amended - - . - - 155
Bariy 44
Bloomington, act supplemental - - - 33
Bristol, plat of vacated .... 108
Cahokia, act to amend . . - . 99
Carmi, incorporated ----- 70
Charleston, additional Notary Public in - - 66
Chester, powers of increased - - - 46
Columbus, nanje of changed . . - 37
Cottage Grove, plat of vacated ... 45
Fairmont, plat of vacated . . - - l08
Georgetown _ - - - . 32
Grafton, additional Notary Public in - - - 66
Greenfield, name of changed - - ~ 10'^
Hennepin, corporate limits of ... 108
Indian town, name of changed ... 108
Illinois city -.---- 154
Jacksonville, incorporated . _ - - 106
Lacon, incorporated ----- 122
Laymoile ... . . . 107
Mackinaw ------ 36
McLeansboro - - - - - 36
Middleton 47
on canal lands _ . - - - 30
Philipstown ------ 65
Pittsfield, additional Notary Public in - - 66
Scottville ------ 36
Shepardstown, plat of vacated - - - 44
Sparta ------ 37
Tiskilwa 108
Uniontown - - - - - - 154
Victoria, name of changed - - - 65
Washington, plat of, vacated, - - - 32
Windsor, name of changed . - - - 108
Winnebago, alleys in vacated - - - 134
Worcester, name of changed - - . 44
Treasurer and Auditors report. See appendix.
with Governor, to settle accounts of
agents to negociate canal loans - 80
Trustees of Schools, 8 N. 5 E. to refund certain monies - 131
Turnpike, Vandalia and Mississippi company incorporated - ' 138
u.
Union Agricultural Society, act to amend - - . 33
Union county authorized to borrow money . . - 75
Union, Springfield Mechanics - . - - - "74
INDEX.
Uniontovvn. See Towns.
University, Rock Island - - - - " - 17
Venue, change of, act amended . . _ . 3(3
Victoria. See Towns.
w.
Washington. See Towns.
Whiteside county, time of holding courts in - - - 88
Wildy Lodge, benefit of - - - - - 134
Williamson county, act in relation to - - - - 87
act^to establish amended - - - 88
records of . _ _ . 86
Winchester, Lynville and Jacksonville Rail Road company - 24
Windsor. See Towns.
Winnebago county, time of holding courts in - - 88
Winnebago. See Towns.
Witnesses, compensation of certain - . - 46
Witters, Samuel, bridge across Little Wabash river - - 78
Wolves, killing of encouraged, act amended - - . 155
Worcester. See Town^.
Works, Board of Public, act abolishing ... 98
act creating new ... 93
authorized to settle accounts of Edw'd
Smith deceased - - - 112
prohibited from letting new contracts 85
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